MUTUAL TRANSITION SPIRAL AND EVOLUTIONARY DEVELOPMENT OF SINGLE POSITIVE LAW AND PLURAL NORMATIVE ORDER RELATED TO THE COMPARATIVE NORMATIVE ORDER STUDY

Abstract

1. Legal Monism (Public Positive Law and Private Positive Law) indicates how natural and legal persons ought to act ideally. Normative Pluralism (Public Normative Order and Private Normative Order) shows how public bodies, and natural and legal persons acts really. Legal Monism (what ought to be) and Normative Pluralism (what is) never coincide.
2. Theory about mutual transition, spiral and evolutionary development of positive law and normative order taking of any contradiction between them and making possible peacefully coexistence of positivism and sociologic directions in jurisprudence, and creates balance between public law and private law, and public normative order and private normative order on the global, regional, national and local levels.

III. The “legal families” theory of Comparative Law ignores the phenomenon of normative order. So it is necessary to introduce a new branch of legal science: Comparative Normative Orders Study.

1. The Idea of Just Law suggest what sort and kind of law legislators (in Roman-Germanic i.e. “civilianist” legal space) or judges (in Anglo-American, i.e. common law legal space) should make, so that law would be just from the Universal Human Rights.
2. The Mutual-Transition of Legal Monism, Normative Pluralism and Idea of Just Law must be based on the Universal Human Rights Law as Basic Norms’ Entity, and this process must be repeated dialectically, i.e. spirally, constantly, evolutionary and endlessly