Abstract

RUIZ MANOTAS, Paola  and  BERMEO, Luis Fernando. RECEPTION OF LUHMANN' SYSTEMS THEORY IN THE COLOMBIAN CONSTITUTIONAL JURISPRUDENCE. Prolegómenos [online]. 2018, vol.21, n.42, pp.161-175. ISSN 0121-182X.  https://doi.org/10.18359/prole.3896.

This paper presents some considerations about the influence that Luhmann's systems theory has had in the decisions of the Colombian Constitutional Court from its inception. It makes a general reference to the basic concepts of the Luhmannian theory, the interrelationship of social systems-law, politics and morals-, and some criticism to legal positivism that might arise from Luhmann. We studied the jurisprudence of the Colombian Constitutional Court from its creation until the research date, analyzing in which of them the Constitutional Court used the Luhmannian theory to support its ruling and how it did it. We found that Luhmann's theory was cited in only three rulings, suggesting its precariousness regarding as a theory "accepted" by law practitioners in Colombia.

Keywords : Autopoiesis; binary code; law; morals; politics; systems.

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