LEGAL DYNAMICS IN SOCIAL SYSTEMS OUT OF EQUILIBRIUM: THE PROBLEM OF RANDOM INTERVENTIONS
Societies and their statehoods must be considered as holistic and complex systems-structures, especially when they step into the phase of instability. The phase of instability is large itself, when the system is in transitional period, namely turning period from one structural organization (social, economic, financial, legal, value, etc.) to another one.
In these realms social behaviour and relations are regulated by different factors, rules most of which have normative character. The determination of these factors is the most important problem a legislator faces when trying to bring an order in social expressed instability, which sometimes can be seen as social chaos. The last one, in its turn, can be either a basis for social innovations and accelerating progress, or just a fall – the end of the social structures.
This is why the following issues are so important to get answers: how to supervise, organize the legal dynamics in social systems out of equilibrium; when, where and how to intervene in these dynamics.
Systems Theory argues that “internal activities, such as leadership, technology, social behaviour, motivation and task structure, are more the products of external than internal factors. Social expectations, laws, raw materials, society’s technical sophistication, the behaviours of other systems, fiscal policies, competition, and buyers all shape, constrain, and dictate internal behaviour. …
Systems do not act in a vacuum, they do not control their own destinies. They are products of their environments”.