The End of the Classical Paradigms of Law

Abstract

Goal – the aim of this text is to show the functioning, transformation, convergence and ultimately decline of classical paradigms operating in the legal sphere. Particular attention is focused on the contemporary state of affairs, referring to today’s trends in thought, philosophy and the contemporary way of explaining reality by societies that are carriers of the law. The purpose is to showcase that the today’s changing world is faced with many problems that are completely new to humanity as a whole, and that those problems have the power to affect the legal sphere as well. It proves that despite the belief in the stabilizing function of the law, it itself begins to be questioned, and its iron foundations begin to waver in principle, resulting in spectacular changes in the way we view such non‑negotiable issues as justice, power, order, and the meaning of being. Research methodology – through an analysis of the literature on the subject and by compiling the most important paradigmatic frameworks, a cross‑section of attitudes relevant to understanding the presented issue is made. Score/result – as a result, an observation is made regarding the current state of paradigms operating in the legal sphere. In line with the conclusion, it is stated that in the present world paradigms have mostly lost or are losing their power. They will lose it completely or undergo a transformation. There is also an exhaustion of the power of all grand narratives that must necessarily be taken into account when making any considerations about the embeddedness of law and its validity. Originality/value – the content of the text refers to well‑known paradigms of law that seem to be unshakable elements of Western legal culture. Nevertheless, the analysis of the problems presented in the text shows that the unshakable foundations of law are beginning to degrade, or at least to change, in collision with, above all, contemporary socio‑cultural transformations.