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1

O PRÁVNOM SYSTÉME

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Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 4
321 – 337
EN
It is usual to write about law as a system. The systemacity of the law means only a modicum of orderliness and a network of legal norms as basic elements of legal system. There is always a degree of contradiction and/or a tension between legal norms, legal principles and other elements of the legal system. This tension and/or contradiction are characteristic and system creating relationship between elements of Manual system. Legal system is not an axiomatic one for many reasons. It is full of unavailable tensions and contradictions. It is a social normative system determined by society. The elementary unit connecting legal system and social system is legal regulation of great amount of social acts and consequently of social relations, which acquire quality of legal relations. It is also an information (sub) system. Law always strives for an order, but only with a moderate success. It is an open cognitively and operationally open system.
2

CIRKULARITA V PRÁVE

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Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 2
109 – 124
EN
There are three kinds of circularity in legal systems: 1. Avoidable mistake of a legal regulation, when two or more legal norms refer mutually to each other. This situation is relatively common in times of legal (including constitutional) pluralism. 2. Complex system of mutual but mediated references and of „legal regulation of law“ (secondary rules). This kind of circularity is necessary in any developed legal system. 3. Rule of recognition is unavoidably a self-applying one. It is self-application results in a paradox and regres ad infinitim. It is a proof of necessity of some extralegal starting point for any legal system. The circulartiy forms one of the central tenants of autopoietic concept of legal system, but it is not only necessary for any developed legal system, it relativizes the ideas of (operative) closure of legal system because it shows the necessity of some extrolegal „starting point“ and continual base for any legal system.
3

VIAZANOSŤ ŠTÁTU VLASTNÝM PRÁVOM

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Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 6
567 – 581
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.
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