Arbitrariness of the legal system
| Authors | |
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| Year of publication | 2011 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | This paper deals with possibility to give an objective and comprehensive description of legal system. Its purpose is not to disturb systematical inquiry of law but to discuss some relevant uncertainties that can help to improve such inquiry. Systematical investigation of law can veer to creating an ideal type (Max Weber) that is without any practical application of law. It focuses on relevant and unambiguous fundamental elements of the system of law and doubts on possibility to find an agreement on these fundamental elements. The plurality of methods, approaches, purposes and theories on character of legal system results in impossibility to find invariable set of fundamental elements of legal system. Furthermore it is followed by unusual character of legal science. Legal science has a specific character that can completely change existing legal system and create new one. |
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