American Appeal

Posted by laurapayne on May 28, 2019 in News |

Losey mentions judge Aldisert (Judge of the Court of American Appeal of the Third Circuit) who indicates that the legislative epicenter of the Common Law is the awarding of specific cases and that therefore he is inherently flexible and money changer with time and the circumstances. Penguin Random House brings even more insight to the discussion. As the social organizations become of pyramids to networks, the essential form in the decision making also changes and happens to be a vertical flow to a horizontal order in which all the implied in a case negotiate mainly from the laws and, from specific cases, with all their subjective and interpretative load of the Law. The flood and maintained use of the alternative methods for the conflict resolution, along with the increase in the attribution of faculties and alternative mechanisms to the judges, except for the greater legislative delegation, is demonstrations of how the right is legislated and the social chaos is reorganized on the brink of madness. The fundamental understanding, that it consists of appreciating that in the chaos there is an hidden order and that of the order can happen the chaos, affects of which in the legislations and the courts to postmoder to us the four basic rules of the handling of the social chaos are more and more used: 1. – The mutation of organization to spontaneous order. 2. – The car social organization over the planning.

3. – The dynamic stability of the norm versus the normative estaticidad of the law within a flexible and interpretative context and 4. – The judicial autonomy of the judge with exclusive dependency in the feedback of the surroundings.

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