impact of some physical laws in the legal system (*)
Aldave
Monday, January 17, 2011
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systemic Some considerations for research on legal phenomena (1)
What is a system?
What explains the identity of the interconnections between the parties, so reductionist dissection sometimes allows the analysis of its components must always be complemented by an integrative approach to reconstitute the complexity of the set itself as such.
Emergency and system boundaries
The system is more and less than its constituent parts. Moreover it presents emergencies, these are qualities or properties of the system themselves, which are not contained in parts and are capable of retro act on the system itself. Awareness is considered as an emergency human system that is not hosted on any of the organs of people in particular. The system, also, is less than its parts. This is because the group organized as such imposes limits on the parties, who can not always act their full potential.
Relations between the system and environment
The explanation of the mechanisms that maintain cohesive system relates exchange processes of matter, energy, and information system keeps the environment. When we recognize static structures, whose mechanisms exchange with the outside is virtually nil, we talk of closed systems, such as a glass. To the extent that the system structure is determined temporarily the exchanges with the environment, we talk about open systems, such as the living system, the socio-cultural, etc. They no longer possible recognize the system in a stable and permanent and it is necessary to incorporate the notions of order and disorder to explain the systemic reality as a changing reality. is to recognize from this perspective, open systems support in addition to self-organize, the eco organized, ie work taking into account the contributions of the environment and the bonds, restrictions imposed by the environment.
In that sense the system that is subject to fluctuations, such as systems that host life can not be raised as absolute certainties, but in terms of probabilities, so that the uncertainty, chance, and turbulence are recognizable as elements of life itself.
scientific tradition of the last century, positivist, has established a rationale based primarily on cause-effect, so that from mechanistic perspective, the analysis of the situation could be resolved through mechanisms that explain the linear nature. The break with the Newtonian paradigm happens from quantum physics and the restatement that they introduce in the scientific approach of cutting all systemic theories they progress toward understanding the complex realities lead us to a new form of intelligibility of phenomena, through nonlinear mechanisms, which have special relevance : feedbacks, synergy, synchronicity, effects threshold.
In the new emerging paradigm, the concept of system (code word for the reality challenged) is to become root to understand the complexity. Thus, the theories of complexity arising from different scientific fields today go far beyond the systems approach, incorporating new knowledge about of irreversible processes, chaotic systems.
Complexity is the approach that leads us to believe one and the manifold together. It also involves, conceptually and methodologically integrate certain and the uncertain, and the need to consider the notions of order and disorder, chance and necessity, its characteristics at once antagonistic and complementary.
relations of order and disorder
found in nature with apparent persistence opposite phenomenon, whereby the systems, in situations far from equilibrium, the manifest possibility of reconstituting new order forms from messy situations. It is self-organization processes that counteract this progressive trend toward increasing entropy. Such processes are particularly evident in living beings and social systems. Reconciling the concepts of order and disorder, not as conflicting but as complementary and considerable progress is systemic theory to fathom the complexity of the systems. From this perspective, the order of an open system at a given time be considered as an order by fluctuations, is ie as the result of relations order / disorder / order that is taking place in the own group.
In fact modern science has progressed from a mechanistic conception where everything is explained based on the idea of \u200b\u200border, toward a new approach based on the complementarity of order and disorder. Consequently, understanding that both are complementary in explaining the organization of a system, is one of the fundamental principles that could help interpret the change from a dynamic perspective. We need to understand and explain the disorder and order as the movements dynamics of living systems, which are always fluctuating systems that make and remake contact with the environment: systems under whose life is a story of adaptations, innovations, and interpret ... systems would help to understand the moment of every living system as the result of a balance to be maintained through fluctuations, not as a stable and permanent settlement. A balance associated ultimately with the ideas of openness and change.
dissipative structures
Leaning to the understanding of dissipative structures of integrating the concepts of necessity and chance. Based on the first the need, the system organizes its own path and tends to develop in a pre-set. But the random uncertainty into the system, freedom, unforeseen emergencies, that is, cause fluctuations from which the system is forced to reconcile the clutter with order. When the effect of some of these fluctuations, the system is very far from equilibrium, two things can happen: either the occurrence of catastrophe and the system has fallen, or that it begins a process of self-organization (which we called dissipative structure). We can say that the dissipative structure is the fluctuation amplified, giant, stabilized by interactions with the environment. Contrary to equilibrium structures, like crystals, dissipative structures remain only because they feed continuously with a flow of energy and matter , being the headquarters of dissipative processes permanent.
of linear thinking approach circular
Note that only the systemic approach and nonlinear approaches can continue being open avenues for advancement in knowledge of environmental systems. The complex causality is no longer based simply on cause and effect (or the sum of them) but introduces the idea recursion, which means that the organizing process of the system provides products, actions, and effects necessary for their own generation or regeneration.
recursive loop
the recursive loop is considered as the regulatory concept superseded by the self-production and self-organization. The idea expressed feedback loop, regulating, maintaining the form, ie the closing of a system on itself. The idea of \u200b\u200brecursive loop is more complex because the concept includes feedback and adds the concept of being, paradoxically fundamento para la producción de la propia organización. Se trata, entonces, de un proceso recursivo y generativo mediante el cual una organización activa produce los elementos y los efectos necesarios a su propia generación o existencias. La recursión aporta una dimensión lógica que, en términos de praxis, significa producción de sí y regeneración. Siguiendo con esta línea de pensamiento se puede afirmar que un sistema que se buclea crea su propia autonomía. Esta idea permite comprender el fenómeno de la vida como sistema de organización activa capaz de auto organizarse y sobre todo de auto reorganizarse.
(1)Tomado de Lecciones de Educación Ambiental Aldave P, Augusto. H Aldama, Hugo, Fondo Editorial UCV Trujillo, 2001.
(*) 1st part of the conference SOME PHYSICAL EFFECTS OF THE LAW IN THE LEGAL ORDER. International Scientific Meeting of the North - Summer 2011 ECINORTE2011 - Trujillo, 10 and 11 January
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