The Isomorphic Co-Evolution of Law and Reality
Water Spring
MPRA Paper from University Library of Munich, Germany
Abstract:
This article advances a foundational jurisprudential proposition bearing upon the survival of human civilization: substantive justice is the source and telos of procedural justice; procedural justice is the instrument and means of substantive justice. Through a comparative legal history of civilizational collapse—from the Qin Code and Roman law to the French Ancien Régime and contemporary American institutional crises—the article demonstrates that the demise of states is not accidental but the cumulative consequence of procedural justice rigidifying and severing itself from the evolving demands of substantive justice. The article introduces a “quadruple pathology” framework (cumulative effect, legitimacy depletion, feedback failure, spillover and cascade) to mechanistically analyze this divergence, and proposes an actionable institutional design—comprising the Independent Fact-Finding and Investigation Committee (IFIC), the Independent Audit and Supervision Bureau (IASB), and the Global Correction and Recovery Fund (GCRF)—to establish perpetual self-calibration mechanisms within legal systems. The thesis is universal: any intelligent civilization that fails to equip its procedural systems with the capacity to perceive and correct their divergence from substantive justice will accumulate contradictions until systemic collapse.
Keywords: Procedural Justice; Substantive Justice; Legal Evolution; Isomorphic Co-Evolution; Civilizational Collapse; Radbruch Formula; Institutional Calibration; Sunset Clause; Law & Economics; Comparative Legal History; Feedback Failure; Legitimacy Depletion (search for similar items in EconPapers)
JEL-codes: K1 K10 K40 K42 (search for similar items in EconPapers)
Date: 2026-05-17
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Persistent link: https://EconPapers.repec.org/RePEc:pra:mprapa:129201
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