Autor: Krystyna Wojcik Radkowska

Abstract:

Our present is marked by economic, political and social crises as well as by profound changes that affect all structures and allow specialists to describe the configuration of a new model of society, called postmodern or liquid. These changes particularly influence the state and the democratic coexistence of citizens in its bosom. The Law, being a fundamental instrument for the exercise of power, of politics and of persons living together, needs to adjust both its content and its mode of operation to the new needs and new challenges of the contemporary society. Modern Law, configured according to the instrumental and technological model and based on scientific criteria, does not ensure an appropriate social coexistence. The so-called postmodern perspective is providing a wide range of opinions that question the modern legal tradition. According to postmodern thinkers all should be interpreted as pure convention, but the postmodern society has to find some clear references for the social coexistence of citizens in the complex current context. For these reasons we can and must ask ourselves what kind of Law we need in our postmodern era and what features it should possess in order to be conducive to achieving the objectives of our lives. The text outlines and analyzes some recent proposals for a new model of Law, one that can offer mechanisms better adapted to the latest changes in the political and legal reality, thereby shaping the democratic coexistence of the citizens, i.e., that could really address the problems of postmodern society.

ISSN: 0870-5283; 2183-461X

DOI: http://doi.org/10.17990/RPF/2016_72_4_1211

Texto Completo: https://www.publicacoesfacfil.pt/product.php?id_product=962

Palavras-Chave: democratic social coexistence,law,legal theor