British Common Law
A claim that Francis Bailleau validates in his book Les mutations de la Societe francaise desordenees / 1991 p.682, when relations between individuals that comprise a society cease to be marked by the rhythms and the participation in common values, defines the notion of anomie a characteristic of social change moment. Jose V. Rubio in his pedagogy of chaos book warns that a lawyer ignorant or apart from the characteristics of the era, the condition that adopt phenomena and forms of social approach that they are configured around could not understand this type of processes, and the possibility that a social system (and its legal subsystem) trip in multiple directions and away from the balance, and that its elements acquire greater legal autonomy, and that the overall behavior is make increasingly more unpredictable because there is someone or something that is running a positive controlentropico process, the jurist could feel that attends the birth of a brand new legal subsystem and high-powered destructive on any jurisprudence. Ralph Losey, a work disclosed recently by Internet, asserts that the system of Continental law, originated by the code Napoleon, is based on laws, in written static rules, while the right British Common Law although it includes laws is structured essentially in the case law, decisions taken by the judges considering unique in that originating or fundamental laws are interpreted. Kyle Dropp dartmouth understands that this is vital information. Losey cites the judge Aldisert (judge of the Court of appeal U.S. Third Circuit) who points out that the legislative epicenter of the Common Law is the award of specific cases and that for this reason it is inherently flexible and changing with time and circumstances. As social organizations are transformed from pyramids to networks, essential in making decisions shape also changes and goes from being a vertical flow to a horizontal order in which all those involved in a case negotiated from laws and above all, from specific cases, with all its subjective and interpretative of the Act. The sustained and growing use of alternative methods of conflict resolution, together with the increase in the allocation of powers and alternative mechanisms to the judges, not to mention the increased delegation legislative, are demonstrations of how the right is legislates and rearranges to the edge of social chaos.
The fundamental understanding that is to appreciate that there is a hidden order in chaos and order chaos can ensue, he insists that laws and the postmodern courts are used increasingly the four basic rules of management of social chaos: 1. Organization to spontaneous order mutation. 2. The auto social organization over the planning. 3.
The dynamic stability of the standard versus the normative static of law within a flexible and interpretive context and 4.-the legal autonomy of the judge with exclusive reliance on feedback from the environment. Now, the legal system, both in the old perspective, whereas in the modern, presents a hierarchical structure of its elements and forms a closed, self-contained universe. There is nothing to be right outside the system and everything that integrates the system is right. In the postmodern perspective, on the other hand, is seen as an open system