Introduction : the dialectics in multilevel systems : mechanisms of divergence and convergence

Abstract

The stability and resilience of any legal system depends on its responsiveness to the social reality it aims to regulate. If legal systems are to govern the relations between their subjects, as well as the relations between their subjects and the system itself effectively, they can only do so if they are adaptive to the social and broader factual substratum underpinning it. When legal systems and their norms deviate too far away from the societal norms they relate to, situations inevitably arise where either compliance with the legal framework suffers or pressures to adapt the legal framework to what is acceptable to its subjects will emerge. Either way, the legal system will be torn between ensuring its effectiveness and the attempts to be sufficiently responsive to societal demands to avoid instability or, ultimately, avoid its dismantling. As noted by Krisch, ‘law enhances stability only when it is supported by societal circumstances.’ Thus, the sustainability of (complex) legal systems strongly depends on the responsiveness of the normative framework to the social reality.