Проблема кризиса правового регулирования в свете теории социальных систем Н.Лумана

Abstract

The paper concerns the regulatory failures in modern welfare state. According toLuhmann regulatory crisis is caused by the fact that political system takes on overall responsibility for social processes. While using a legal system as instrument of policy implementation, it overloads lawís capacities for social control. In modern complex functionally differentiated society, various social subsystems have developed their own specific rationality and achieved a high degree of autonomy. Law breaks down when it violates the inner logic of the field that it must regulate.The possible solution isthat law should only stimulate self-regulatory processes in different spheres of society instead of attempting to control them directly.