Efficacy and Autopoiesis of the System of Science, Education, Law and Politics

Law is a system of hierarchy of norms. Harmonization of higher and lower norms and their application ensure legality and effectiveness of law. At the same time, law is a changing system. These changes are the result of various political and other social influences. Their complexity often makes it im...

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Main Author: Ksenija Grubišić
Format: Article
Language:deu
Published: University of Rijeka, Faculty of Law 2024-01-01
Series:Zbornik Pravnog Fakulteta Sveučilišta u Rijeci
Subjects:
Online Access:https://hrcak.srce.hr/file/467733
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author Ksenija Grubišić
author_facet Ksenija Grubišić
author_sort Ksenija Grubišić
collection DOAJ
description Law is a system of hierarchy of norms. Harmonization of higher and lower norms and their application ensure legality and effectiveness of law. At the same time, law is a changing system. These changes are the result of various political and other social influences. Their complexity often makes it impossible to clearly determine the hierarchical structure itself, which raises the question of the sufficiency of certain dominant legal methods for a more comprehensive interpretation of the effects of the legal system. The paper examines whether and in what way the interpretation of the efficacy of the legal system by means of the reduced principle of imputation differs, or is insufficient, in relation to the reduction of complexity of the legal system by means of codes and operations that make it autopoietic. I shall explain the most significant theoretical implications on the example of a legal norm of one section of public law - university law and the law of scientific organisations - by determining the criteria for assessing legal and societal efficacy with respect to the feature of autopoiesis of the pertaining systems - law, science, education and politics in the way they are determined in Luhmann’s systems theory.
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series Zbornik Pravnog Fakulteta Sveučilišta u Rijeci
spelling doaj-art-b7259e7ea65d4037b0c90619df240bdc2025-08-20T02:15:59ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142024-01-0145351954010.30925/zpfsr.45.3.2Efficacy and Autopoiesis of the System of Science, Education, Law and PoliticsKsenija GrubišićLaw is a system of hierarchy of norms. Harmonization of higher and lower norms and their application ensure legality and effectiveness of law. At the same time, law is a changing system. These changes are the result of various political and other social influences. Their complexity often makes it impossible to clearly determine the hierarchical structure itself, which raises the question of the sufficiency of certain dominant legal methods for a more comprehensive interpretation of the effects of the legal system. The paper examines whether and in what way the interpretation of the efficacy of the legal system by means of the reduced principle of imputation differs, or is insufficient, in relation to the reduction of complexity of the legal system by means of codes and operations that make it autopoietic. I shall explain the most significant theoretical implications on the example of a legal norm of one section of public law - university law and the law of scientific organisations - by determining the criteria for assessing legal and societal efficacy with respect to the feature of autopoiesis of the pertaining systems - law, science, education and politics in the way they are determined in Luhmann’s systems theory.https://hrcak.srce.hr/file/467733functional equivalencereduction of complexitycodesstabilityoperations
spellingShingle Ksenija Grubišić
Efficacy and Autopoiesis of the System of Science, Education, Law and Politics
Zbornik Pravnog Fakulteta Sveučilišta u Rijeci
functional equivalence
reduction of complexity
codes
stability
operations
title Efficacy and Autopoiesis of the System of Science, Education, Law and Politics
title_full Efficacy and Autopoiesis of the System of Science, Education, Law and Politics
title_fullStr Efficacy and Autopoiesis of the System of Science, Education, Law and Politics
title_full_unstemmed Efficacy and Autopoiesis of the System of Science, Education, Law and Politics
title_short Efficacy and Autopoiesis of the System of Science, Education, Law and Politics
title_sort efficacy and autopoiesis of the system of science education law and politics
topic functional equivalence
reduction of complexity
codes
stability
operations
url https://hrcak.srce.hr/file/467733
work_keys_str_mv AT ksenijagrubisic efficacyandautopoiesisofthesystemofscienceeducationlawandpolitics