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Closed System by by 17 March 2002 01:27 UTC |
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I would like to make a definition of 'Closed
System' based on natural sciences.
A closed system is a system which has no
input comes from outside world, it only takes its own outputs
as its input.
Any kind of outside effect harms its
name.
Also, a closed system means not it is stable. It
may end up in a short time like a chemical reaction in a glass of water
or sustain very long time...It may be stable or
not.....
Legal system is not a closed system according to
this definition.
There are many effect on it, like
governments.
Indeed, it not required to bring this issue to this
point.
Legal system is the on of the vital component of
the capitalism or any world system.
It has organic and so very dynamic relations with
other components. Also no need to count other components.
Every country has different rules, different
criteria.
Are there any universal criteria on law? For
example rights of people.
We can just hope and try to reach a better position
for them. Up to where and from where? Reference point is the
present situation.
This a very old debate but what is important
is they are decided according to the conditions of the current
system.
In current situation, you can talk about rights of
ethnic groups. But if it not capitalist system, and no problem
this would not be a matter of
discussion.
More extreme example from Turkey: In 1980s,
the existence of a Kurdish population in Turkey is not a matter of
thought.
Because government and a lot of people was
believing there was not such a population. So, Kurdish people
started
to their struggle.
Today people are talking about legality of Kurdish
broadcasting from national TV channels. Rules was changed.
USA sold weapons to Turkish government during
20 years for this war.
And just a few weeks ago, in a human rights report
published by USA, they are talking about inhuman policies against
Kurdish people.
What happened? New scientific foundations changed
reality?
Legal system adjust itself according to the 'trues'
or "wrongs" of science?
Legal system adjusts itself according to the
'suitables' of the "ideology", as Althusser said.
PS
Also Althusser says Legal is produced directly from
moral ideology, which is in contact with religion.
So any struggle on Legal System exceeds it. This another debate.
B.Y.
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