A Pluralistic Model of the Responsiveness of Law: The Case of Hungary

Matyasovszky-Németh, Márton and Fábián, Áron (2024) A Pluralistic Model of the Responsiveness of Law: The Case of Hungary. In: The Resilience of the Hungarian Legal System since 2010. A Failed Resilience? European Union and its Neighbours in a Globalized World (5). Springer Nature, Wien, pp. 225-240. ISBN 9783031704505; 9783031704536; 9783031704512

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Abstract

The present chapter seeks to show that the application of traditional doctrinal legal methodology is not sufficient to understand the responsiveness of law. Indeed, it is necessary to draw on the methodological tools of socio-legal studies to accurately model how the law responds to social change (legal responsiveness). We attempt to outline a pluralistic theoretical framework to dislodge the commonplace notion that law merely mirrors society. This would enable jurisprudence to move beyond debates about the concept of law and take account of both external and internal legal culture, as well as the omnipresent phenomenon of legal pluralism, which we believe is essential for describing the responsiveness of law. To demonstrate the value of such an approach, we describe multiple areas, including technology and artificial intelligence regulation, which are increasingly focal topics for legal studies.

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