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Relative Autonomy of Law

Publication at Faculty of Law |
2020

Abstract

One of the consequences of the relative autonomy of law is the refusal to mix communication in law with communication in other normative systems or social subsystems. Principles and values that are applied in law are elaborated and developed separately within the legal system, although at the same time they may be principles or values originating, for example, in morality, economics or politics.

Law is a relatively autonomous system that is normatively closed to non-legal normative systems and social subsystems, but at the same time is not separated from them by an impenetrable barrier. Thus, the law communicates with the surrounding subsystems, but uses its own description - coding - of social reality.