The Vociferous Rupture: Silence, Law and Ignorance
Organdi Revue, Vol. 7, February 2005
12 Pages Posted: 7 Feb 2009
Date Written: February 7, 2005
SilencSilence as a contextualised operation within the legal system carries a certain meaning which is understood by the system. In this article, silence is being interpreted as the negation of legal meaning, that is an expression of the impossibility of communication, which remains within the system as a space of ignorance. Such space crates a rupture of the normal self-description of law as a societal value which encourages the production of reliable expectations, and allows law to assume a more flexible, uncertain and volatile self-description. This is greatly attributed to the fact that silence, as an indication of ignorance, points to an acknowledgment of the limitations of the law's abilities. Perception and communication of such silence is equally problematic, thus valuable for the continuously self-renewed description of the system.
Keywords: Luhmann, Social Systems, Autopoiesis, Silence, Law, Communication
JEL Classification: K10, K19
Suggested Citation: Suggested Citation