Open AccessThe Logic of Institutions in a Systemic Approach. Institutions in Law and Law-related Fields as Closed and Open Systems
Author(s) -
Чаба Варга
Publication year - 2021
Publication title -
fìlosofìâ prava ì zagalʹna teorìâ prava
Language(s) - English
Resource type - Journals
eISSN - 2707-7039
pISSN - 2227-7153
DOI - 10.21564/2707-7039.2.242843
Subject(s) - liberalism , notional amount , civilization , institution , ideology , normative , contingency , law , law and economics , objectivity (philosophy) , constitution , political science , sociology , epistemology , philosophy , economics , finance , politics
As to the conceptualisation of any one institution, the apparently identical notional term can cover four types of institutional systems: (1) the actually existing concrete system, which is a unit that functions as it is (e.g., constitutional system of liberalism as practised in a given area in a given time, e.g., in the United States nowadays); (2) the historically developed concrete system which is a unit that functions as it has been (e.g., constitutional system of liberalism as practised in a given area in a given period, e.g., in the United States since the time it developed); (3) the generalisation of the historically concrete systems as developed in our civilisation (e.g., the constitutional system of liberalism as known and practised in our civilisation); and (4) the core idea of the functioning underlying all kinds of generalisation (e.g., the abstract universal formulation of the ultimate principles of operation, of which the constitutional system of liberalism is but one of the theoretically possible forms of realisation). Within a quasi monographic analysis of them, both their role as a normative ideology and their actual objectivity and contingency are treated.