Právní realita a skutečnost
Legal reality and material world
Author(s): Lukáš BuzekSubject(s): Philosophy of Law
Published by: Masarykova univerzita nakladatelství
Keywords: material world; legal reality; body of legal facts; legal environment;
Summary/Abstract: The article describes the relationship between legal reality and material world. Under the term legal reality the article means a body of legal facts, states and relations emerging within a certain legal environment. This represents an abstract world dominated by its own, in legal norms defined, rules and causations. The article is based on the idea that the law is inherently allopoietic system adapted and designed to interact with its surroundings. The article offers basic characteristics of the interaction between legal reality and the outside world, as well as the way in which law adapts to the outside world – the manner characteristic for law as a social phenomenon and normative system. The legal reality is a specific form of social construction of reality, a means of organizing and interpreting the social world. Despite or because of its abstract nature it is a social phenomenon, effectively affecting the social and economical relations in the society. The purpose of the construction of legal reality is not authentic description of material or economic relations, but to enable their effective control. The legal reality is formally independent of external material reality. As such, it is a means of altering the status of social reality regardless of external pressures and their sources.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 21/2013
- Issue No: 1
- Page Range: 43-51
- Page Count: 9
- Language: Czech