Title
Law as a complex adaptive system : the importance of convergence in a multi-layered legal order Law as a complex adaptive system : the importance of convergence in a multi-layered legal order
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Maastricht ,
Subject
Law
Source (journal)
Maastricht journal of European and comparative law. - Maastricht
Volume/pages
(2014) :4 , p. 611-629
ISSN
1023-263X
vabb
c:vabb:381315
Carrier
E
Target language
English (eng)
Affiliation
University of Antwerp
Abstract
The notion of legal pluralism indicates that the national and sub national levels coexist with legal systems being developed at the European and the international level. This phenomenon of increased complexity gives rise to adapted learning methods and the equilibrium is to a certain extent restored by convergence. With regard to the vertical convergence, that is, convergence between the national legal orders and the supranational legal orders, the first part of the article recalls the development of the EU-principle of indirect effect into a true principle of harmonious interpretation, which applies on every level, for all actors and in every direction. With regard to horizontal convergence, the article explores the limits of the traditional dichotomy between public and private law. In addition, two principles of law are discussed in order to illustrate the close interweaving between legal orders and fields of law: the principle of proportionality and the principle of equality before public burden
Handle