TY  - CONF
A1  - Varga, Csaba
T1  - The philosophy of European Law with "chaos out of order" set-up and functioning
T2  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series ; 009
N2  - In reconsideration of the composition and operation of European law, it is the description of its underlying mentality that may cast best light on the query whether European law is the extension of domestic laws or a sui generis product. As to its action, European law is destructive upon the survival of traditions of legal positivism, for it recalls post modern clichés rather. Like a solar system with planets, it is two-centred from the beginning, commissioning both implementation and judicial check to member states. As part of global post modernism, a) European law stems from artificial reality construction freed from particular historical experience and, indeed, anything given hic et nunc. By its operation, b) it dynamises large structures and sets in motion that what is chaos itself. It is owing to reconstructive human intent solely that any outcome can at all be seen as fitting to some ideal of order, albeit neither operation nor daily management strives for implementing any systemicity. This is the way in which the European law becomes adequate reflection of the underlying (macro) economic basis, which it is to serve as superstructure. Accordingly, c) the entire construct is operated (as integrated into one well-working unit) within the framework of an artificially animated dynamism. With its “order out of chaos” philosophy it assures member states’ standing involvement and competition, achieving a flexibly self-adapting (and unprecedentedly high degree of) conformity.
T3  - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series - 009 
KW  - national laws
KW  - legal culture
KW  - construction
KW  - functioning
KW  - codification
KW  - code substitutes
KW  - autopoiesis
KW  - self-closure
KW  - justification
KW  - substantiation
KW  - order out of chaos
KW  - European law
Y1  - 2012
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/24867
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-248678
PB  - Goethe-Univ.
CY  - Frankfurt am Main
ER  -