NIKLAS LUHMANN E KARL MARX: POSSÍVEL (E NECESSÁRIO) CONTRIBUTO PARA O ESTUDO DO DIREITO

Abstract

In the present study, it is intended to relate the general assumptions of the works of Niklas Luhmann and Karl Marx, to describe their logic of explaining the way in which social action is ordered to analyze their view of the role of right in social reality. The fundamental points of the Luhmannian and Marxian views on the legal phenomenon are analyzed in order to make explicit their possible contributions to the theory of law. Although the epistemological foundations of the theories are diverse, both Luhmann and Marx present objectivist views about the juridical phenomenon, which derive from the many different forms of analysis of social organization proposed by the authors. Both theoretical constructions emphasize the contextual nature of meaning, as opposed to prevailing conceptions within the scope of the theory of law, which usually assign a certain universalist character to the juridical phenomenon.

Keywords

• systemic theory
• autopoiesis
• superstructure
• equivalence of material production relations