Widerstreitende Götter

Zu Manfred Aschkes Rekonstruktion der systemsoziologischen Evolutionstheorie und ihrer rechtstheoretischen Bedeutung

Abstract

The reviewing essay focusses on the new publication of Manfred Aschke. In his book, Aschke promotes the theory, that a question like »what bounds a society together« should basically be answered on a communicative (systemtheoretical) term. But the answer is, he argues, in need of a completion by a theory of action, since system theory alone will not be able to explain the central mechanisms of social integration, which is structural coupling.
Based on a »pragmatic evolution concept«, that comes very close to Küppers information concept and Piaget’s equilibration-theory, Aschke tries to explain how structural coupling emerges. Therefore he establishes a theory of »structural coupling through co-evolution«, that is based essentially on the opinion that communication systems and consciousness systems represent evolutionary surroundings of selection for each other.
Although Aschke is to be followed therein that the evolutionary theory represents a possible candidate for the further investigation of the emergence of structural coupling, the combination of system opinions and opinions of a theory of action acquired by this author leaves several essential questions unanswered. In this reviewing essay Aschke’s draft is therefore opposed to an evolution model that attaches to modern theories of self-organisation and that can demonstrate structural coupling on a purely communicative basis. In a final example, that of legislation, we will show different implications on legal theory arise either of Aschkes concepts and the proposed alternative model.