Bartosz Wojciechowski, Marek Zirk-Sadowski, Mariusz J.Golecki (eds.)
Between complexity of law and lack of order. Philosophy of law in the era of globalization.
The book was designed as a special volume to be presented during the IVR 2009 Congress in Beijing. My contribution to this volume is a rather provocative paper on applications of complex system theory to the law.
What is so controversial in this piece of work? Well, there is a growing trend to use some formal tools or mathematical theories to analyze or describe the social realm. Especially, it became fashionable to use terms like: chaos, complexity, self organization to characterize well known social phenomena like market, moral judgments and, of course, law. In the field of legal theory this particular trend has recently received some attention as well as an intriguing name: jurisdynamics.
In my paper I claim that it is only another form of ungrounded ideology to believe that every part of the social realm could be analyzed in the light of the complex systems theory (which is considered to be part of physics). In particular, I deliver a neat argument that demonstrates why jurisdynamics is a totally mistaken enterprise. The point is simple – if law is a kind of normative system (which seems rather uncontroversial and is widely accepted), then it cannot be this kind of system that the complex system theory is about.
I also criticize the custom of using the term harmony as a useful description of a legal system (particularly popular among Chinese legal scholars).