Realism of the Law

There is legal realism in civil law. This means that the CONTENT of substantive rights and obligations is OBJECTIVELY INDEPENDENT of their findings in the context of a judicial process. This view is at the heart of many legal reasoning. If the court establishes the existence of a certain condition, it is considered that the parties should behave in such a way from the outset as is apparent from the court’s findings. This view infringes the fundamental principle of civil law, according to which everyone is obliged only to do due diligence and should not bear the consequences of a condition which, despite due diligence, he could not have foreseen.

Legal theory is still on the same ground as classical physics. On the basis of quantum physics, realism is the view that the properties of each system are completely independent of the ACT of observation or other measurement made on that system, and locality means that the RESULTS OF MEASUREMENTS made at a particular point in the system do not depend on what is happening elsewhere in the same system. J. S. Bell has demonstrated that any theory in which the condition of locality and at the same time the condition of realism is accepted must meet a mathematical expression called Bell’s inequality. He also proved that standard quantum mechanics do not meet this inequality.