A jog és simulacrumai: Jogon belüli és kívüli versengés a jog meghatározásáért

Varga, Csaba (2020) A jog és simulacrumai: Jogon belüli és kívüli versengés a jog meghatározásáért. IUSTUM AEQUUM SALUTARE, 16 (2). pp. 87-99. ISSN 1787-3223

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Abstract

ʻLAW AND ITS SIMULACRA Competition within and outside the Proper Domain of Law to Determine what the Law isʼ What the law is at any time can be defined in rivalry amongst lawʼs sub-complexes (as it is positivated, enforced, and/or socially lived) or as it gets defined through a set of layers (of positive law, judicial practice, and/or legal dogmatics). Once human rights claims, constitutional court jurisprudence or soft law enter the scene as law-generating force, the first picture, dinamic by itself, will only show one of its components broken further, whilst the second one, as a static construction, is to have already a new layer wedged in on the top or elsewhere. Contemporary law being dissolved to a large degree, it has become open to invervention by pressure groups and non-governmental organizations equally, either domestic or foreign, in order to unduly shape local or national policies. This produces fluctuation in the process of law-generation, shocking perhaps but in itself in repetition of what legal development has taken for millennia, with clashing novative ideas and ideals, orientations and trends. For law is hardly more than specific problem solving in the humanityʼs challenge-and-response paradigm. Accordingly, once priorities or services offered to the practice of human rights, constitutional adjudication or soft law turn to be a problem itself (as it is in Hungary), cure can be searched for in either legal policy measures or the state machineryʼs regulative intervention.

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