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KÁNON AKO FUNKCIA V AUTOREFLEXII SYSTÉMU LITERATÚRY

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EN
Systems theory offers the opportunity to model communication as a principle of the self-organization of social systems. It is a tool for observing the mechanisms and principles of the construction of social reality made visible in acts of communication. Until the 1980s, systematic study of the canon was, in the German environment, inhibited by a traditional understanding of the canon, according to which the canon contained the best works. Since the overcoming of this idea, the study of the canon has become more differentiated as a part of the study of literature evaluation. The research of the mechanisms and components of the literary canon was becoming increasingly impotent in the literary scholarship of German-speaking countries in the n1980s; there is research about the historical background of its construction and its position in contemporary society. A certain consensus already exists, e.g. in the rejection of opinions that explain the construction of the canon through the aesthetic qualities of particular artistic works, as practised by Harold Bloom. On the contrary, the thinking about the canon converges in the idea that the canon reflects social conditions, group interests, etc. There are several varieties of social background-based canon formation; however, it is the textual aspects and the aesthetic qualities of texts that are undervalued as possible elements in the process of canonization, which is also typical for system-theoretical literary study in general, which accompanies and strongly influences canon research in Germany. The author ś reflections will develop primarily in the context of the systems theory developed by Niklas Luhmann and its application on the study of literature as an autopoietic system.
EN
The obligation of a state to respect its own law is a key tenant of concepts of Rechtsstaat and rule of law. It contains an element of circularity, because it means the application of law on its creator, the state. The article analyzes this example of circularity using the concept of law as an autopoietic system elaborated particularly in the Works of G. Teubner. The presupposition of meaningful application of majority of circularity forms is redefinition of law as a social subsystem. Circularity is found on the level of “great systems” of law and “state”, but only in a very limited extent in relations between individual legal rules and public authorities. The operate closeness of law as an autopoitic system id broken by content of legal system and especially by its values.
Sociológia (Sociology)
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2011
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vol. 43
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issue 2
111-132
EN
The concept of law as an autopoietic system is current in contemporary legal theory. It is based on a substantial change in defining law from traditional definitions of law as a normative system to law as a social subsystem. There are no grounds for this redefinition of law and it produces no added value. The theory of law as an autopoietic system is despite its manifest weakness an important inspiration for legal theory, particularly for the research of relations between law and its environment. One reason to reconsider this concept is the idea of circularity in legal systems.
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