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MULTICULTURALISM AND LAW - THE EXAMPLE OF ADAPTIVE AND MODERNIZING FUNCTIONS OF LAW. (Wielokulturowosc i prawo - przyklad adaptacyjnej i modernizacyjnej funkcji prawa.)

100%

Snarski T.

Pieniądze i Więź

2009

vol. 12

issue 1(42)

2020-210

The article describes two, very important from the social transformations' point of view, functions of law: adaptive and modernizing. Adaptive function of law consists in adapting the content of legal norms to extralegal rules (social, moral). On the other hand, a modernizing function of law displays itself in forming and modifying these standards by law. The occurrence of adaptive and modernizing functions of law is particularly important because of the fact that practically every new legislative regulation presupposes certain social consequences. Therefore, it is worthwhile to examine whether certain rules of law are actually capable of achieving the goals established for them. The process of adapting the law to social norms, and vice versa, is particularly visible in the so-called multiculturalism policy. This consists in recognition of the cultural diversity of societies, which manifests itself particularly in ensuring national and ethnic minorities' rights to develop and maintain their own separate cultural identity. It turns out that law can be successfully used to develop multi-cultural national consciousness. On the other hand, countries' legal systems, in which there are a number of national and ethnic minorities, do not remain indifferent to such specificity. As an example of best legislation in this area the author presents Canadian legal system, especially the protection of human rights.

Niejednostajność prawa

75%

Staśkiewicz W.

Studia Socjologiczne

2013

issue 1(208)

41-75

The article deals with the issues of non-uniformity of law, as the opposite of uniformity of law, which is today regarded by lawyers as an equivalent to unification and codification of law. Lack of clarity, stability and certainty of law, as well as the objectification of law by the state, resulting in inflation of law or defects of legislative techniques, are not the only causes of non-uniformity of law. Therefore, the problem is perceived in a wider sense – as a state of imbalance between social norms of which legal order consists. The article examines in detail current social determinants of the lack of uniformity of law in Poland.

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1 Pieniądze i Więź

1 Studia Socjologiczne

1 Snarski T.

1 Staśkiewicz W.

1 2013

1 2009

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MULTICULTURALISM AND LAW - THE EXAMPLE OF ADAPTIVE AND MODERNIZING FUNCTIONS OF LAW. (Wielokulturowosc i prawo - przyklad adaptacyjnej i modernizacyjnej funkcji prawa.)

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