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CIRKULARITA V PRÁVE

100%
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.
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