Význam formálního oddělení normy od materiální skutečnosti
The Importance of Formal Separation of Norm from the Material Reality

Summary/Abstract: Article is based on the hypothesis that, in formal expression of law, in the manner of its legitimization, application, or in level of its material effects, there is a wide range of manifestations of a separation, alienation, isolation, and transformation in the relationship between law and reality, between the law and the subject of normative action, or between norm and the reason, purpose or aim of its existence. Article using the term "separation of norm" demonstrates a specific way of normative functioning, which can be characterized by functional, formal and material distance between the norm and its external complement. Article shows that this phenomenon in many ways represents the very essence of the social function of norm, a prerequisite to the effectiveness of regulation, and the natural expression of legal forms. Separation in any of the presented forms is one of the fundamental phenomena accompanying the existence of norm.

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