The Discourse Theory of Law (by Niklas Luhmann)

Niklas Luhmann’s Discourse Theory of Law views law not merely as rules or decisions but as a social communication system that maintains itself through ongoing interactions. It emphasizes that law is shaped by and responds to continuous societal discourses—conversations, disagreements, and shared understandings—rather than static codes. This perspective highlights that law evolves through the way society talks about rights, justice, and authority, functioning as a self-referential system that sustains its legitimacy by reflecting and managing social complexity through ongoing communication.