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The present work aims to address the adequacy of Luhmann s (and others like Teubner) systemic approach to describe the legal order of so-called "peripheral" (democratic) states under the present post-modern historical conditions, that evolves to a growing globalization of (post-industrial) world society. In the background we may found the major question about what kind of relationship has such an approach in socio-legal studies to a critical one, especially that of so-called poststructuralists such as Deleuze and Derrida. We are to try to go beyond those efforts although having them as requisites. In order to do so we begin with a depiction of the legal order's general features in the society we live in worldwide nowadays, as well as a sketch of the evolutionist theory of autopoietic social systems, to end up with an appraisal of a paradigm shift towards an immunological approach as it has being discussed in the Humanities by authors like Roberto Esposito and also by others from different fields of research.