Considerations regarding systemic interaction of law with other social normative subsystems

• Author: Claudiu Ramon D. Butculescu - Sorina Maria Florea
• Position: Acad. Andrei Radulescu' Legal Research Institute, Romanian Academy, Bucharest, Romania - The Romanian Society of Criminology and Criminalistics Bucharest, Romania
• Pages: 27-31

AGORA International Journal of Juridical Sciences, www. juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 27-31

27

CONSIDERATIONS REGARDING SYSTEMIC INTERACTION OF LAW WITH

OTHER SOCIAL NORMATIVE SUBSYSTEMS

C.R.D. Butculescu

S.M. Florea

Claudiu Ramon D. Butculescu

“Acad. Andrei Rdulescu” Legal Research Institute, Romanian Academy, Bucharest,

Romania

*Correspondence: Claudiu Ramon D. Butculescu, 4 Be la Bartok St., 2

nd

District, Bucharest,

Romania

E-mail: butculescu@yahoo.com

Sorina Maria Florea

The Romanian Society of Criminology and Criminalistics Bucharest, Romania

*Correspondence: Sorina Maria Florea, 25 Livezilor St., Pantelimon, Ilfov County

E-mail: sorinamflorea@gmail.com

Abstract

This article tackles the issue of systemic interaction between various normative

systems. As such, it addresses and analyses the system of law from the perspective the general

systems theory. More than tha t, the paper analyses the links and interactions between various

normative systems, called sub-systems in the paper, and the division of law, namely public

law and private law.

Keywords: Systems, legal cultures, law, normative systems

Introduction

In most works that analyze the law and legal theories, law is generally defined as a

complex of regulations that govern the human society.In the doctrine, law was further defined

as an aggregate of general regulations, abstract and impersonal, emanating from the public

authority, as an entity invested with powers concerning regulations or decisions of

administrative authorities

1

.

Law may be analyzed also through the systemic perspective. Also, the interactions

between law and the others systems that form the bigger social normative system may be

analyzed thoroughly, using systemic approaches.

Law as a system within the General Systems Theory

According to the general theory of systems, a system should be analyzed as a whole,

as well as through its non-linear interactions of internal or external nature. This paper

continues researches made prior, regarding the systemi c structure of law

2

, the systemic

interactions of law and other normative systems

3

andsystemic approach to legal cultures.

In Legal theory, the system of law is depicted as a normative system, which finds its

place and application within the national and international systems. Both in internal and

1

Sofia Popescu, Teoria general a dreptului, Lumina Lex Publishi ng House, Bucharest, 2003, p.123.

2

C. D. Butculescu, Cuantica dreptului – o nou perspectiv în percepia fenomenelor j uridice, in vol. “J ustiie,

Stat de drept i cultur juridic”, Universul Juridic Publishing House, Buc harest, 2011, pp. 96-104.

3

C. D. Butculescu, S hort considerations regarding the system of law from the perspective of General Systems

Theory, Journal of Legal Studies, year VII, no. 3-4/2012, p p. 129 – 134.