According to autopoietic theory, modern law can be characterized by two fundamental paradoxes: self-reference and self-regulation. The following inquiry takes as its departing point the autopoietic theory of law and its formulation of these two paradoxes but proceeds to criticize autopoiesis for misrepresenting their.
Through a case study of the history of dying in the United States, the paper proceeds first to show how these paradoxes emerged, and second, to argue that underlying the paradoxes lie the historic phenomena to which Nietzsche refers to as nihilism, and Heidegger as technique. The study concludes by reflecting on the relation between the autopoietic account of modern law and the one offered here.
Law and Society
Date of this Version
Shai Lavi, "AUTOPOIESIS, NIHILISM AND TECHNIQUE: ON DEATH AND THE ORIGINS OF LEGAL PARADOXES" (December 2004). Tel Aviv University Law Faculty Papers. Working Paper 3.