Abstract

BALLESTEROS ROMERO, Manuel Antonio. The Functionality of Law from the Notion of System. Civilizar [online]. 2020, vol.20, n.38, pp.95-106.  Epub Mar 20, 2021. ISSN 1657-8953.  https://doi.org/10.22518/jour.ccsh/2020.1a07.

The starting point is the dual option of approaching the study of law. On the one hand, the mechanistic vision, which leads to posing the law as something pure, which cannot be related to the natural or social sciences. On the other hand, the systemic vision, which implies understanding the object of study in interrelation with the environment. As a starting point, the second option is taken, confronting the purist thoughts in favor of a vision of the object of study, not as something static in space and treated as a thing, but dynamic that manifests itself in time and behave as a process, which is part of that environment constituting a larger system, and that by considering process, elements of the environment become part of that system and elements of the system become part of the environment, and both the environment determines the system and the system the environment. Law is considered a dimensional system and therefore inseparable from the social system; but, in addition, both law and society, have, and require to exist, a substrate where human beings are found as biological entities, natural resources and the planet. Therefore, the social system as a communicational system cannot be confused with the grouping of human beings, or with the physical space where human beings exist, it cannot be forgotten that this real system constitutes the substrate of the communicational system; being the thing itself, of which the social system is the phenomenon or as if.

Keywords : System; mechanism; complexity; social systems; systematic analysis and systemic thinking..

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