FACTORS OF THE RELATNE AUTONOMY OF (MODERN)
LAW
The factors that ensure the relative autonomy of modern law can
generaiiy be divided into two groups: the iargeiy rurrnai raduns of the
autonomy of modern law are its specific formalism, abstract nature,
generality, systematicity, specific finguistic expression (legal language),
and the professionalization of its agents; in the material (substantive)
sense the autonomy of law is ensured primarily by its own historically
developed and consolidated values (legal tradition), which are
distinguished as a relatively independent whole from the political, moral,
customary, religious, and other values.
If we briefly look at generality, abstractness, formalism, and
systematicity, we can see that these four largely formal characteristics of
modern law indicate a new quality as compared to pre-modern law.
Generality is a characteristic of the legal norm in that it does not aim at
an individually determined person, but rather at a category of people,
who are determined only by general characteristics. Generality includes a
legal “depersonalization” of the subject, which appears along with the
neglect of his individual and societal peculiarities. The main function of
generality is to ensure legal equality.
The abstractness of legal norms refers to characteristics of norms that
through means of symbols and concepts rise above concrete cases and
create a model of action, i.e. a pre-formed standard of future
relationships and action. The main function of abstractness is to ensure
legal predictability and trust in the law. Generality and abstractness help
establish typical legal norms. This is especially characteristic of a
modern state based on the rule of law that rejects medieval legal
particularism, legal inequality, and the arbitrariness of authority.
Formalism is an inevitable consequence of generality and abstractness in
law. It is that characteristic of the legal norm that makes it appear to us as
a concept separated from concrete content, it establishes clearly formed
demands in the process of the formation and use of the law. Legal
formalism enables a technical-rational functioning of the state apparatus
and other subjects, enabling parties to envisage legal consequences.
Systematicity includes the tendency of the legal system to represent, to
the greatest possible degree, a logically coherent, internally balanced,
and non-paradoxical system of legal norms. The main characteristics and
