文章基本信息

标题：Legal System and Legal Chaos Theory
本地全文：下载
作者：Amir Syarifudin, Indah Febriani
期刊名称：Hasanuddin Law Review
印刷版ISSN：2442-9880
电子版ISSN：2442-9899
出版年度：2015
期号：5068
页码：296-306
出版社：Faculty of Law, Hasanuddin University
摘要：Order of the universe and other objects can be described either by cosmology and physics. But from of the regularity of the object there in terms or aspect of irregularity or fractal (broken) that difficult to describe by Auklides and Calculus mathematical models. Benoit Medelbrot tried to explain the chaotic objects with fractal theory which basically a branch of mathematics. The fractal theory affect the view of the law that inspired Charles Sampford which then sparked a legal chaos theory. The core of legal chaos theory is (1) social relationships, including the relationship established based on the relationship of forces (power relation), (2) the parties who make that relationship does not have the same strength or balance, and (3) at the time of execution of the respective relations based on their subjective opinions. Those three thing that is causing chaos. But the atmosphere of chaos that would eventually return to the regularity, because of the strength towing (strange attractor) that in the area of law is the law and the power of the state. Chaos basically contained in the freedom -based relationship beyond the confines of order. When the towing force managed to recover the chaos so as to create harmony between order and freedom, the peace that one of the legal goal is achieved.