ABSTRACT
In a period of complex social transformations and discontinuities, law must
be analysed from two different perspectives: as an autonomous social system constructing its own legal concept of transformations and as part of moral and
political discourse which can formulate the most persuasive version of revolutionary
changes both morally and politically. The symbolic power of law coexists with
its power to formulate an independent and socially autonomous ‘legal’ version of
The legal system, especially constitutional law, has been essential to the
emerging public sphere and discourse of the ‘political societies in transformation’
that have pursued the establishment of a new collective identity based on the liberal
democratic rule of law, such as political societies in Central Europe after the 1989
revolutionary changes. It has provided constitutive social values and principles
shared by members of such societies as their collective conscience,2 and has thus
guaranteed social unity, coherence and solidarity at the symbolic level. Societies turn
to the symbolic rationality of principles and values at moments of discontinuity. The
constitutional and legal codification of substantive morality and political principles
has the same importance like the purpose-oriented instrumental rationality of legal
regulation.3 The moment of discontinuity calls for a new ‘social beginning’. It is a
time of condemnation of the past and invocation of future hopes. Societies need a
new foundation and coherence, and explore possible ways of achieving it, including
the system of positive law.
