Materials for Lectures on The Systems Theory
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©J Ayamunda 2020
The Systems Theory
Hylighen and Joslyn (1992) define systems theory as:
‘the transdisciplinary study of the abstract organization of phenomena, independent of their
substance, type, or spatial or temporal scale of existence. It investigates both the principle of
common to all complex entities and the (usually mathematical) models which can be used to
describe them.’
The systems theory says that study of phenomena should focus on the arrangement of and
relations between the parts which connect them into a whole. This arrangement determines a
system. In its broadest conception, a “system” may be described as a complex entity of
interacting components together with the relationships among them that permit the identification
of a boundary-maintaining entity or process.
- A system can be defined as a set of elements or parts that are connected to each by at
least a distinguishing principle.
- a system is a set of two or more interrelated elements with the following properties: Each
element has an effect on the functioning of the whole, each element is affected by at least
one other element in the system and all possible subgroups of elements also have the first
two properties.
1
- a system is a set of things that work together in a particular environment to perform
whatever functions are required to achieve the system’s objective. In other words, it is a
set of related components that affect each other in an environment and form a larger
pattern that is different from any of the parts.
Some of the main elements of a system are:
- the things or objects within the system,
- the environment within which those components work or interact,
- the system functions (input/output and related processes),
- system objectives (goal-directedness)
- feedback (self regulation).
- system boundaries (the points at which information e.g. in the form of output flows from
one system to another e.g. in the form of input),
- interdependence (the notion of systems or sub-systems relying on each other) and
entropy (the notion that any system will tend towards disorder or the degree of disorder
in any given system).
In this course of study, the situation that needs to be understood is the system for making,
interpreting and enforcing the laws of a country. Therefore, legal rules form the system under
consideration and the set of related components includes written or unwritten constitutions,
primary legislation (statutes) eg those made by Parliament, subsidiary legislation (bylaws),
customs, principles and/or practices etc.
2
The environment in which these objects (ie legal rules) work is the countries under study
(including their circumstances (eg geography/territory, socioeconomic and political conditions)
and the inhabitants). In order to be able to understand legal rules/systems, it is important to
identify the objectives of the system.
One of the main objectives of the legal system is the regulation of human conduct in society.
Towards achieving this objective, the legal system has certain inputs (eg [security rules,
constitutions?],...) and outputs (eg order, just and democratic culture, judicial precedent, ..?? ).
The legal system may be evaluated by determining if its output results in the achievement of its
objective. The legal system accords well with the element of feedback or self regulation. This
element requires that for a system to be effective and efficient it must have a feedback
mechanism that ascertains whether the outputs are what they should be and if they are not the
system should be capable of adjusting its inputs or processes to improve the outputs. However,
given that the legal system operates in an environment with subsystems (e.g. …. the trial
advocacy, criminal justice system, etc,??) and system boundaries (e.g. communication barriers,
political and cultural differences and religious beliefs, …..).
- What are the objectives/fundamental functions of the legal system?
NB: Each of these functions is basic to the overall success of the legal system, whose objectives
are intertwined because success or failure to achieve one objective may influence the capacity to
achieve others.
Legal rule – Objectives - Inputs/activities - Outputs/outcomes
