The Law And the Art of Complexity
The Law And the Art of Complexity
Author(s): Radim PolčákSubject(s): Law, Constitution, Jurisprudence, History of Law, ICT Information and Communications Technologies, Philosophy of Law
Published by: Masarykova univerzita nakladatelství
Summary/Abstract: In general, there are two mainstreams in the legal doctrine and practice with regards to grounds of the legal normative system. First of them, let us call it legislative optimism, is based on an assumption that the law is based on the will of the lawmaker and is determinable from various lawmaker’s expressions or utterances.1 Taking the law from this point of view, we can say that the lawmaker is creating the law, while its recipients only interpret the meanings from the available normative utterances. From the methodological point of view, this approach to the law seems relatively simple, as the whole process of creation and perception of legal norms exists within one-sided informational channel originating at the lawmaker’s will.
Journal: Masaryk University Journal of Law and Technology
- Issue Year: 1/2007
- Issue No: 1
- Page Range: 1-8
- Page Count: 8
- Language: English