The Social Reality as a “Given Fact of Law” – Between Modernist and Postmodernist Vision
The Social Reality as a “Given Fact of Law” – Between Modernist and Postmodernist Vision

Summary/Abstract: Social reality appears as a mosaic in which each element has its genesis and a different pattern, which are correlated, to become in this way a whole with specific dynamics. As a functional component of any society, law is influenced by social changes and seeks to regulate them through legal rules. Given that contemporary society is increasingly driven more by information technology, computing, formalization, globalization, it is often questioned whether the law will face these new challenges and how, based on modernist tradition in lawmaking activity or tilting the balance toward postmodernism? In this respect, the article is trying to find an answer to this question, analyzing the modernist and postmodernist theories regarding the foundation of the regulation solution. In the end, pleads for the passing from the simple decision in the regulation process to the legal decision based on complexity.

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