Jurysprudencja 13. Prawo w przestrzeni normatywnej
Jurisprudence 13. Law in Normative Space

Author(s): Tadeusz Biernat
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: legal systems;sources of law;lawmaking;legislation;legal doctrines;normative order;legal paradigm
Summary/Abstract: The paradigm of law in normative space makes it possible to develop a distinct view on many issues related to the traditionally understood areas of scientific reflection on law. When analysing the relations between law and the normative sphere (normative environment) today, the phenomenon of a normativity form and its characteristic features in a postmodern society deserve special attention. The question of the form of normativity is complementary with the question of whether and how the changing and distinctly shaped forms of normativity articulation affect the law, and lawmaking in particular. The normative environment and normative space, which are subject to their own dynamics, generate a broader discussion about law and its evaluation which includes another, “non-state law” as well as what the author refers to as the “normative sources of law”. Therefore, the discussion extends beyond the strictly-defined domain of systemic relationships which has become well-established over the years. One detailed and very important problem is that, in the field of discourse and normative content presentation, statements appear which not only relate to the individual elements of normative space, but also exhibit the characteristics of “normative claims”. In a reality characterized in this way, law is a bridge connecting “normative claims” with normativity external to the law.

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