Change of Law : Backgrounds and Limits, Expectations and Realizations

Varga, Csaba (2024) Change of Law : Backgrounds and Limits, Expectations and Realizations. 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. 195-208. ISBN 9783031704505; 9783031704536; 9783031704512

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Abstract

In this chapter, law as an object of change is seen in regard to the historically generalizable trinity of (1) the establishment and (2) the enforcement of the law by the state, as well as (3) the exercise of whatever is regarded as ‘law’ in society. Then law and its changes are treated in parallel according to the respective legislative and judicial paths. The essence of law serving as a ‘patterned pattern’ is mediation, which, especially in recent times, the judiciary has constantly tried to weaken. This movement now—when the immense overdevelopment and predominance of formal rationality itself has become irrational—involves the rejection of the radicalism with which the formal rationality of regulatory systems was once fought for. The overview of this will show that the process is ultimately able to destroy the very distinctness of law. As finally concluded, legal change is not an end in itself but a means of maintaining an organic functional relationship between law and its social medium. This relationship is not a mechanical one but a series of further socio-legal mediations expressed through complex interactions. All in all, the road from legal change to the prospect of actual change is long, complicated, and not without risk.

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