A relação entre direito e psicologia a partir da autopoiese de Maturana: uma observação sobre a existência de um conteúdo psicológico cognitivo no sistema do direito em Luhmann

Abstract

Cognitive sciences can be observed as the developing of the thought beyond the physical-mathematical postulates, expression of the mechanicist world, of which a deterministic and causal model would be consolidated as a way to explain the functioning of both the mind and society. Based on such parameters it will be bespoken the interest in developing perfect norms and axioms to, beyond having access to the reality erected then by substances, control a contingent world. In this context of changes of perspectives on the thought perceived along the uncurling of the Cognitivism arises the Maturana’s autopoiesis as a way to know how life has been developed and maintains itself. Within such investigation, Biology and Psychology are laid in an approach which both the organism and the environment originate simultaneously, making the movement between them circular and not linear. The living system is thought as a cognitive system (to be = to know = to make) in this sense, for it is observed a concern with the communication between the people and the way knowledge occurs. An opposition to an idea of representation to explain the cognitive activity becomes perceptible, laying hand of a notion of action, in which subject and object of the knowledge stand in a simultaneous cognitive profusion, breaching with a Cartesian tradition which the subject that knows is segregated from the known object. The figure of the observer that stands out in the act of observing could be brought at this moment. Thus, in face of such context it is possible to refer about social and psychic systems in a relation lined by an autopoietic organization of the systems, to be observed as the one existing between Law and Psychology as Niklas Luhmann states in his sociological theory. It is, likewise, possible to say of the existence or not of a cognitive psychological content in the Luhmann’s Law System, which is considered to be one of the autopoietic social systems.