My Ars Poetica of Legal Theory
DOI:
https://doi.org/10.59558/jesz.2024.4.150Keywords:
the social and legal theory of legal objectification, normativity, decision, legal relations, modes of existence of the law, questions of the méthodeAbstract
The author's ars poetica is about synthetic legal theory. An ontological legal theory is developed I in this article that is grounded in the legal objectification defined by both the external, socio-historical reality and the internal complexity of law. By analyzing the dialectical categories of autopoietic social existence, its linear and nonlinear complexity, the author shows the compatibility of the socio-historical openness of legal systems with their ratio iuris and their operational closure, as well as their emergent properties. He considers normativity, decision, private and public legal relations as the modes of existence of law.
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Published
2024-12-30
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