“But his sense of justice turned him into a brigand and a murderer.” On Gunther Teubner’s “Self-subversive Justice: Contingency or Transcendence Formula of Law?”

Abstract

Abstract Teubner’s article on self-subversive justice is an inspiring example of the way in which he tries to move forward Luhmann’s sociological endeavour of understanding law in terms of how it understands itself. Moving Luhmann’s autopoietic systems theory forward is something that Teubner significantly does in many of his writings. Here he contrasts various social and legal philosophical accounts with a potential sociological account of justice that utilises the contrasting versions of both Luhmann’s autopoietic systems theory and Derrida’s deconstruction theory. To appreciate how justice operates self-subversively is to appreciate how law cannot avoid striving to overcome itself, and how justice both in its many universal and alterity forms enables this. Teubner gets close to marrying not only Luhmann and Derrida, but also sociological theory and literary or poetic theory; also marrying judicial creativity with that of other creative arts. Law constantly looks to justice within its own practices, but at the same time beyond those practices and thereby challengingly confronting itself and its search for justice in doing so.