Conpedi Law Review (Dec 2016)

Decision, Organization and Risk: The Positive Law on the Form of Legal Decision

  • Cícero Krupp da Luz,
  • Rafael Lazzarotto Simioni

Journal volume & issue
Vol. 2, no. 4
pp. 318 – 334

Abstract

Read online

This research investigates a possible reconstruction of the meaning of legal decision witch the difference between decision, organization and risk. Therefore, we discuss the notion of Luhmann’s legal decision as a symbol of positive law, establishing a reflection on the relationship between decision, risk and organization. To find this, the methodology used is the observation of the second order of the Niklas Luhmann’s social system. As a result, the relationship between decision, organization and risk allows recognized legal decision as a multi-referential relationship between the past and the future.

Keywords