El Derecho desde el paradigma de la complejidad

Abstract

The emergence of new knowledge is inextricably linked to the techniques of observation and reconstruction of reality: reality generates many more possibilities than the observer can process; this is where complexity lies. Since its inception, Systems Theory has sought mechanisms to meet this demand for information produced by social systems. Law is no exception to this situation. Through an analytical reconstruction, this brief essay seeks to categorize the basic function of Law from the perspective of Complexity, not only through systemic conceptual categories, but also through its place in a legal science in which complexity is the guiding concept of the understanding and explanation that Law, as a social practice, produces. Law is a social system; as such, it processes and generates information. In this sense, it is a highly structured and codified communicative process. This essay addresses this idea of Law: how Systems Theory and the complexity paradigm can be useful for understanding legal phenomena. To do this, it is necessary to understand the fundamental conceptual categories of complexity, its perspectives in law, and how to reformulate law itself based on these.