Boggles the mind
Skip this if you have no interest in how law interacts with multiple discourses, making it difficult to interpret the effect of transplanting law into a new system. In other words, if the European Union requires Britain to import some aspect of EU law, how will that law evolve in the British legal system, which is very different from the European system? One would hope the essay assigned for my class might shed light, but NO. I'm reading 32 pages of this:
"The legal impulse, if it is recognised at all, will create perturbations in the other social system and will trigger there some changes governed by the internal logics of this world of meaning. It will be reconstructed in the different language of the social system involved, reformulated in its codes and programmes, which in turn leads to a new series of events. This social change in its turn will work back as an irritation to the legal side of the institution thus creating a circular co-evolutionary dynamic that comes to a preliminary equilibrium only once both the legal and the social discourse will have evolved relatively stable eigenvalues in their respective sphere. This shows how improbable it is that a legal rule will be successfully transplanted in a binding arrangement of a different legal context. If it is not rejected outright, either it destroys the binding arrangement or it will result in a dynamics of mutual irritations that alter its identity fundamentally."
As I've noted before, there may be a point hidden in there somewhere. By why must you be equipped with a steam shovel, hard hat, pick axe, and dynamite to find it?
3-21