Article | Nonlinear Rationality of the System of Law |
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Authors |
PAVLO BOHUTSKYI
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 6 / 2018 |
Pages | 182 - 194 |
Annotation | The system of law exists as an integral formation which is open to social influence and social communications and which loses the linearity signs as a way to achieve its purpose, to preserve its intrinsic basis, its origins being in social communications and moral, ethical and value standards capable of streamlining such communications. The purpose of the article is to study the nonlinearity of the system of law based on the use of the rhizome paradigm, the focus on the specifics of how the system of law is formed under the influence of rhizome, the set-up of inter-sectoral, complex common areas and the maintenance by the system of law of integrity and equilibrium in the context of social entropy. The phenomenology of the system of law’s nonlinearity forms the intrinsic features which ensue from general regularities of legal development and are underlain by the conceptual understanding of legal reality. According to the system approach, it is necessary to expound on the specifics of the system of law, with due regard for the nonlinear and linear characteristics which determine its contents and essence. The hermeneutic properties inherent in nonlinear rationality of the system of law facilitated the unveiling of conceptual ideas and their understanding and use by general theoretical jurisprudence and branch legal sciences. The interdisciplinary and synergetic approaches are important for expounding on the issue of nonlinearity of the system of law and for defining and characterizing the rhizome of law. It is established that the system of law reveals the content of law but is unable to convey all of the specific aspects of legal reality. At the same time, the system of law is one of the most rational concepts of analytical jurisprudence which is based on the national characteristic, also having open and well-established links with supranational, international law. The internal components of the system of law are not its determinants, since the social aspect of legal phenomena evidences that the cornerstones upon which they are formed are social and moral, ethical and value standards. Multiple options for set-up of law and, primarily, of standards of law, unavailability of predetermination of the specific content of law, multiple entries into legal reality and the multiplicity and multivariance of manifestations of law in social life, or the multiplicity of propositions of law existing in legal reality, and the multiplicity of legal configuration of social communications testify to the credibility of the system of law’s nonlinear rationality with the use of the rhizome paradigm. The rhizome of law is regarded as a merger of social, moral and ethical energy which is formed on the basis of the idea of law and comprises value narratives bringing the conscious activity of social actors further or nearer the goal defined in social communications, and this facilitates an independent process via which the system of law is formed and maintained in equilibrium. Nonlinear rationality of the system of law, comprehension of the essence and purpose of the rhizome of law contribute to the implementation of the rule of law which expansion under such conditions unites, strengthens individual and collective actions of social actors and forms the security environment thus preserving the unity of entire society.
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Keywords | system of law; legal reality; nonlinear approach; social communications; moral and ethical standards; integrity of law; legal commonness; rhizome of law |
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