Dynamics of sources of law formation - from Roman law to cyberspace

Abstract

Objectives The subject of the study is to show the dynamics of development of the sources of law formation. The positivist concept, which is still dominant to a certain extent, determines the perception of the law itself. Material and methods The problem of the dynamics of the development of the sources of law formation can already be seen in Roman law, which prudentes were aware of. The hypothesis is the assertion that it is necessary to move away from the static concept of the sources of law formation. This statement is forced by the ongoing globalization changes. The aim of this work is to show this process on the example of the European Union’s law and the impact of cyberspace on the law. Results The final result of the study is an indication of the need to link the work of lawyers with the new technologies and to take into account new social phenomena, especially those related to cyberspace in the law-making process. Conclusions Technological changes force the legislator to thoroughly rethink the concept of law-making, especially procedures.

Keywords

• law
• cyberspace
• EU law
• Roman law
• source of law
• law making process