Repeated Reinterpretation of Civil Society: On the Intellectual Context of Niklas Luhmann's Sociological Theory

This article explains the intellectual context of Niklas Luhmann's sociological theory. Although Luhmann's theory is well known for its highly abstract features, this does not mean that the theory results from his references to the latest general systems theory, which has been the primary focus of previous literature. That said, no social theory is produced in a vacuum. Even if a theorist attempts to construct a general sociological theory to explain every social phenomenon, that theory is necessarily influenced by the theorist's prejudices. Therefore, social theory must be contextualized both to estimate its biases and to limit its scope. This study shows that Luhmann's systems theory is constructed through a struggle with the issues of his day. First, it notes that the question of how to conceptualize modern civil society was widely shared by German intellectuals from the late 1950s to the 1970s and that the question created a certain discourse field. Second, Luhmann's theoretical conception is contextualized in that field of discourse, and the central role of both the concept of functional differentiation and the concern with border maintenance in his theory-building is explained in comparison with the work of contemporary intellectuals. To deepen our analysis, this article reconstructs Schmitt's interpretation and criticism of civil liberalism and describes Luhmann's struggle with it. Finally, by analyzing the Gesellschaftswissenschaften of Robert von Mohl, one of the founders of civil liberalism, this article argues that Luhmann's sociology can be characterized as an attempt to rehabilitate civil liberalism.