Published online by Cambridge University Press: 09 April 2021
This chapter deals with two different social theories, which can be subsumed under the concept of theories of communication. Both theories analyse the role of the legal system, and private law in particular, in the context of modern, functionally differentiated societies. Their focus is on explaining the rationality of the legal system as ‘a rationality apart’. At the same time, they try to analyse the ways in which the law necessarily interacts with other fields of society: politics, the economy, religion, etc. Thus, the theories discussed in this chapter can be seen as reformulations of the tension between the ‘inside and the outside’ of private law (see Chapter 1).