Teleology and Self-Regulation of Law

Abstract

The paper discusses the self-regulation of law as one of its systemic inherent manifestations. Such problem statement enables the researcher to explain the mechanism that ensures the specific quality of objective law. Studying the self–regulation of law involves identifying what the inherent qualitative state of law dwells on – whether it is spontaneous or controlled from the outside. The purpose of the study is to view the methodological possibility of applying a synergetic model of self-regulation to law. This model describes spontaneous formation or change of structure in open, unstable and nonlinear systems. The Author associates the specifics of self-regulation of law with its teleological nature. The paper highlights the two aspects of teleological character of law: the purpose of its emergence and the purpose of its qualitative variety. On the one hand, law, emerging to serve a specific purpose, does not exist as an independent and self-sufficient entity, but as a specialized means of a particular purpose. On the other hand, law is a functioning system based on purpose and expediency. The quality of the system is always specific and adapts in order to achieve the set social goals. The paper proves that the teleological nature of law excludes self-regulation properties viewed synergetically, which implies the spontaneous activity of the system. The study shows that the processes taking place in law are characterized not by internal, spontaneous, but by external determination. The sequence and content of these processes is controlled from the outside by the purposeful activity of the law-creating subject and is subject to the general logic of the purpose of law. Considering law as a human-organized and controlled system; nevertheless, the Author proves that it has selfregulation properties. The self-regulation of law in the paper is viewed as one of the specific ways of preserving and reproducing its integral characteristics. According to the Author, the self-regulatory properties of law are reduced to its “self-adjustment”, which is not spontaneous, but deliberately set by a human to achieve appropriate goals. The mechanism of such “self-adjustment” is based on a set of adaptive legal means and specific connections that provide integrity, quality and functionality of law regardless of external conditions.

Keywords

• system
• self-regulation
• synergetics
• purpose of legal causation
• means
• target causality
• teleology
• objective law