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Verfassung als evolutionäre Errungenschaft
Verfassung als evolutionäre Errungenschaft

Author(s): Niklas Luhmann
Subject(s): History of Law, Constitutional Law
Published by: Löwenklau Gesellschaft e.V.

Summary/Abstract: Hardly any of the many achievements of modern civilization are so much the result of deliberate planning as the constitutions that modern states have been equipping themselves with since the end of the 18th century. Knowing this, how can one speak of evolution? Evolution is consistently described as "blind", at least as a change in structures that does not take place with a view to a goal, but results from the processing of random impulses. One may concede that the intentions of the actors play a role in sociocultural evolution; but if it is evolution at all, then they must play the role of chance? And actors may be guided by rational criteria; but if it is evolution at all, it does not imply the rationality of the overall result.

  • Issue Year: 1990
  • Issue No: 09
  • Page Range: 176-220
  • Page Count: 45
  • Language: German
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