I've been offline pursuing academic dreams for a day or so. I'm working on a paper that tries to link up economic growth theory, social systems theory, complexity, and telecommunications policy. It's moving along, and it's fun. I have a low fun threshold.
In August I went to Berkeley to be part of a gargantuan IP scholars conference (84 papers in three days, or was it two days?) and someone told me about a Berkeley professor who was also interested in complex systems. I wrote to her and she sent me to a book on autopoiesis (organizationally closed, self-creating systems). That book had a lot about law as a self-creating functional system in it, and cites to someone I'd never heard of named Niklas Luhmann.
Since then I've been running around (slowly, using books) reading Luhmann and about Luhmann. He's the social systems theory part of my current exploration. He asserts that he's not trying to say what society should be, but that he's just describing how it works. A key part of that description is to point out that society is made up of functional systems of communication (law, economics, politics) that are separate from another, that co-evolve (because they're “structurally coupled,” or interdependent), that create themselves and their boundaries, and that only work with their own materials.
This sounds pretty abstract as a starting point, but I've been finding it illuminating. It's like the old joke about how many psychologists it takes to change a lightbulb: “Just one, but the lightbulb has to want to change.” The educational system can teach courses about discrimination, but that won't actually reduce discrimination. The Green Party may be very strong in German politics, but that may just have created more political careers — it may not mean that there are fewer power plants in Germany. Politics and the economy have a close and interdependent relationship but one can't change the other (unless it really wants to change).
When these systems co-evolve, they may do so in unpredictable, non-linear ways. There's no telling what effect a particular communication in one system (a new legal statute) may have on politics. It depends how the political system deals with the statute, in its own terms and using its own materials.
All of this is making two common phrases more meaningful to me: “changing the facts on the ground” and “aligning incentives.” If it becomes economically prudent for employers to retain employees by having better work policies — if that's more remunerative than letting employees churn through the doors — then they'll change policies. Protesting about work policies won't do it, because the employment system won't respond. And law as a system can't predictably change another system unless that system's own materials are changed somehow.
So if you leave a great, inspiring conference about a subject you care about, and you feel vaguely dissatisfied instead of uplifted, it's because the system you wanted to change wasn't in the room. And that system isn't going to change unless it's ready to.