Defragmentation of Law. Reconstruction of Contemporary Law as a System

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F23%3A10458771" target="_blank" >RIV/00216208:11220/23:10458771 - isvavai.cz</a>

Result on the web

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DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Defragmentation of Law. Reconstruction of Contemporary Law as a System

Original language description

Fragmentation is currently discussed mainly in the context of international law; this book shows that the complexity of regulations and multiplicity of institutions in a non-hierarchical order lead to fragmentation in national legal systems as well. However, the aim of the book is not merely to describe contemporary fragmented law, but rather to offer arguments for strengthening the systemic character of law. The book explores methods of pro-systemic interpretation, the principle of proportionality, legal pluralism, and results in the conception of normative coherentism. While the vast majority of scholarship associates coherentism with epistemological issues, such as the coherence theory of truth, this work emphasises the importance of an approach to law that focuses on the underlying principles and doctrines that form its foundations, as well as the connections between the various elements of the legal system that need to be discovered through the doctrinal study of law. The following are described as the basic premises of normative coherentism: the axiological, not axiomatic, nature of law, complexity theory and, finally, common foundations of simultaneously applicable legal systems. The book describes manifestations of normative coherentism in various processes in law, especially in law- and decision-making.In the case of law-making, normative coherence involves, in particular, in addition to institutional and procedural requirements, the new legal regulation &quot;fitting&quot; into the existing legal order as a whole. This, however, does not completely exclude the democratic decision of the legislator to make an exception to the existing rules.In terms of decision-making, the book presents a number of arguments to strengthen the unity of law. It is implicitly assumed that that we can either interpret the law in a way that strengthens its unity and weakens fragmentation, or in the opposite way. In many cases, addressees of law need to interpret legal texts in order to understand their meaning and to assess the possibility of applying them to a given case, where the interpreter plays a significant role, often having to choose among discursively possible interpretive conclusions. The interpretation he or she ultimately chooses is the result of an active choice. Of considerable importance is the testing of various interpretive conclusions and hypotheses, where the interpreter should choose those conclusions that support a systemic approach to the law that reinforces its unity and coherence.

Czech name

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Czech description

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Type

B - Specialist book

CEP classification

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OECD FORD branch

50501 - Law

Project

<a href="/en/project/GA19-10723S" target="_blank" >GA19-10723S: What unifies current law and what fragmentises it from the perspective of legal theory and judicial practice?</a><br>

Continuities

P - Projekt vyzkumu a vyvoje financovany z verejnych zdroju (s odkazem do CEP)

Publication year

2023

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

ISBN

978-1-83970-290-7

Number of pages

217

Publisher name

Intersentia

Place of publication

Cambridge

UT code for WoS book

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