A jog talánya : Hat évtized vitái

Varga, Csaba (2011) A jog talánya : Hat évtized vitái. SCIENTIA IURIS (BRAZIL), 1 (3-4). pp. 5-24. ISSN 1415-6490

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Abstract

Surveying the main trends and achievements of the legal theoretical work done since the foundation of the Institute for Legal Studies of the Hungarian Academy of Sciences, the main actors’ individual contribution is analysed from converting the Hungarian neo-KANTian professional heritage into Soviet-type Socialist normativism and, then, its gradual transformation into a new and synthetising ontological approach. Accordingly, law—understood as the matrix of normativity (law in books) and factuality (law in action)—is treated as an artificial human construct to serve practical ends; the lawyers’ professional deontology is seen as one of the ontic components of the law itself; and the autonomy of law is defined within its homogeneity which itself is a function of social heterogeneity. As a consequence, law can only function as an agent of social interaction, that is, by symbolically enforcing (sanctioning) those movements in the last resort, which themselves are prevailing in the social totality. Law as a language game in social communication is thereby identified with the reconventionalising (and, therefore, both normative and factual) practice of actual referencing. Considering the human involvement in its hermeneutics, all the law-agents’ personal responsibility is included in its scheme.

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