The ideas that law is (or can be regarded as) a legal system, and that law evolves over time in adaptation to its context, are two of the most widely shared and presupposed ideas in contemporary legal theory. However, even if much interest has been dedicated in legal theory and legal dogmatics to the evolution of specific legal concepts or institutions, as well as legal norms in particular, not so much attention has been dedicated to the evolution of legal systems in themselves. In this chapter, I will try to offer an overview of the evolution of the concept of legal system and critically analyse whether an evolutionary theory of legal systems - i.e., a theory about the evolution of legal systems - can be reconstructed and laid down for the analysis both of the past, the present, and the future of legal systems.
Keywords:
legal systems / legal evolution / evolutionary theory / systematic character of law / legal rules / division of normative labour
Source:
Research Handbook on Legal Evolution, 2024, 130-148
TY - CHAP
AU - Rabanos, Julieta A.
PY - 2024
UR - https://ralf.ius.bg.ac.rs/handle/123456789/2384
AB - The ideas that law is (or can be regarded as) a legal system, and that law evolves over time in adaptation to its context, are two of the most widely shared and presupposed ideas in contemporary legal theory. However, even if much interest has been dedicated in legal theory and legal dogmatics to the evolution of specific legal concepts or institutions, as well as legal norms in particular, not so much attention has been dedicated to the evolution of legal systems in themselves. In this chapter, I will try to offer an overview of the evolution of the concept of legal system and critically analyse whether an evolutionary theory of legal systems - i.e., a theory about the evolution of legal systems - can be reconstructed and laid down for the analysis both of the past, the present, and the future of legal systems.
PB - Cheltenham : Edward Elgar Publishing Limited
T2 - Research Handbook on Legal Evolution
T1 - On An ‘Evolutionary’ Theory of Legal Systems
EP - 148
SP - 130
DO - 10.4337/9781803921822.00019
ER -
@inbook{
author = "Rabanos, Julieta A.",
year = "2024",
abstract = "The ideas that law is (or can be regarded as) a legal system, and that law evolves over time in adaptation to its context, are two of the most widely shared and presupposed ideas in contemporary legal theory. However, even if much interest has been dedicated in legal theory and legal dogmatics to the evolution of specific legal concepts or institutions, as well as legal norms in particular, not so much attention has been dedicated to the evolution of legal systems in themselves. In this chapter, I will try to offer an overview of the evolution of the concept of legal system and critically analyse whether an evolutionary theory of legal systems - i.e., a theory about the evolution of legal systems - can be reconstructed and laid down for the analysis both of the past, the present, and the future of legal systems.",
publisher = "Cheltenham : Edward Elgar Publishing Limited",
journal = "Research Handbook on Legal Evolution",
booktitle = "On An ‘Evolutionary’ Theory of Legal Systems",
pages = "148-130",
doi = "10.4337/9781803921822.00019"
}
Rabanos, J. A.. (2024). On An ‘Evolutionary’ Theory of Legal Systems. in Research Handbook on Legal Evolution
Cheltenham : Edward Elgar Publishing Limited., 130-148.
https://doi.org/10.4337/9781803921822.00019
Rabanos JA. On An ‘Evolutionary’ Theory of Legal Systems. in Research Handbook on Legal Evolution. 2024;:130-148.
doi:10.4337/9781803921822.00019 .
Rabanos, Julieta A., "On An ‘Evolutionary’ Theory of Legal Systems" in Research Handbook on Legal Evolution (2024):130-148,
https://doi.org/10.4337/9781803921822.00019 . .
