LAW SYSTEM (Evolving) 4)5)
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The Argentine barrister and systemist Ernesto GRÜN considers the different concepts of law corresponding to the distinct types of human communities, as defined during the 1996 Fuschl Conversations:
- In traditional communities the juridical system is based on customary or so-called common-law
- In substitutive communities dominated by some ideology, law is also ideologically tainted. Nazi law was based on what the party considered as "the needs of the German people"
From the communist viewpoint, law was a superstructure of economy; whether capitalist or socialist
- In learning communities, the flexibility and variety appear with the possibility of interpretation and even creative interpretation for the judges
- In evolutive learning communities, alternative ways appear for resolving conflicts, as for example arbitration, negociation and mediation.
E. Grün can be consulted at Grun@impsat1.com.ar
Categories
- 1) General information
- 2) Methodology or model
- 3) Epistemology, ontology and semantics
- 4) Human sciences
- 5) Discipline oriented
Publisher
Bertalanffy Center for the Study of Systems Science(2020).
To cite this page, please use the following information:
Bertalanffy Center for the Study of Systems Science (2020). Title of the entry. In Charles François (Ed.), International Encyclopedia of Systems and Cybernetics (2). Retrieved from www.systemspedia.org/[full/url]
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