Polycontexturality vs Constitutional Pluralism: Multiple Constituencies of Fragmented World Society

• In Event: 1567 - Section on Sociology of Law Refereed Roundtables (1 hour)
  In Refereed Roundtable 60min: Table 6: Theoretical Approaches

Abstract

Order is constituted. There is certainly an order within different social systems. Each system has its own function, values and constitutive force. The idea of polycontexturality proposed by German philosopher Gotthard Günther has been incorporated by Niklas Luhmann in social systems theory to denote multiple possibilities of observation, based on binary coding. In the condition of functional differentiation, world society enables mutual self-observations and self-descriptions within different subsystems, based on unique values and worldviews. For every functional sector there exists individual constituent logic, which coexists with the rest of societal constituencies and that is what makes pluralism possible. The mainstream concept of constitutional pluralism based on the doctrine of multilevel governance misses the point as it tries to undermine the very importance of non-state, apolitical constituent power, emerging from the growth of various societal rationalities. Instead of describing formal constitutional processes on municipal, state, supra-state and international levels (which in fact is multilevel governance and not constitutional pluralism) the notion of polycontextural constitutionalism recognizes that every functional domain has its own constitution independent from political prerogatives. Empirical facts demonstrating the emergence of new constitutional forms and even constitution-building processes beyond the control mechanisms of the nation-state and public politics presuppose and indicate the actual state of the problem. Paradoxical unity of the world society based on its functional differentiation and structural schematization raises questions about constitutional stability of the global system in the sense of maintaining balance between certain subsystems and organizational orders and protecting from the dominance of concrete functional rationalities in the environment. How are the conditions for dynamic stability, leading towards reflexive regulation, accomplished in world society? How does society reinforce the order of its structural constituencies based on normative closure and autopoietic self-reproduction of the fragmented totality? How globalization changes classical forms of constitutional regulation?

Author

• Lasha Bregvadze