ABSTRACT
A legal system is a way of organizing social, economic, moral, and other patterns of behaviour. To a certain extent, legal systems are a form of translation of social structures and social relations. The problem of social, economic, moral, and philosophical legitimation of law is directly linked to this lack of autonomy towards society. It also implies that some auto legitimation of legal systems is impossible, as long as one is talking about real legal systems. Autopoietic theory has made the useful distinction between 'operative closure' and 'cognitive openness' of legal systems. The system determines its own elements, but only to a certain extent. European human rights law is affecting all areas of domestic law, and notably criminal law, procedural law and family law, increasing fragmentation of law is thus coupled with an enhanced intertwinement of the different areas of law. Increasing fragmentation of law is thus coupled with an enhanced intertwinement of the different areas of law.
