Jogfogalmunk változása : Jogbölcseletünk az utóbbi évtizedek tükrében

Varga, Csaba (2011) Jogfogalmunk változása : Jogbölcseletünk az utóbbi évtizedek tükrében. IUSTUM AEQUUM SALUTARE, 7 (3). pp. 93-100. ISSN 1787-3223

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Abstract

CHANGES IN THE UNDERSTANDING OF LAW (The Last Decades of Legal Philosophising in Hungary) Half a century ago the author started legal philosophising in the context of law / language / logic / rhetorics, approaching his subject within human understanding incessantly re- and transconventionalised through varying sets of mutual effects. From problematising on that law is objectified, on the one hand, and its ontological existence (i.e., prevalence) is assessed by the facts of its being referred to and of the latter’s actual impact on the course of events, he then concluded to the law’s simultaneous opennes and closedness in autopoiesis: law is a patterned standard in need of ulterior justification, on the one hand, albeit its vocation is in practical problem-solving in response to daily needs, on the other. Eventually, law is composed of the dynamism of acts, progressing in competitive processes: the law’s genuinely ontic existence lies just in such a process-like progress. On the final analysis, the formalism of law is nothing else but a reified idol, with human participation and unavoidable individual responsibility in the background. By referring to it, it is humans that activate law, transconventionalising it through the series of its reconventionalisation. This is why its parts are mostly aspects that can only be differentiated for the sake of and through conceptual analysis, that is, in a hypothesised and fully artificial way.

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