THE PRINCIPLES OF LAW. PHILOSOPHICAL APPROACH
Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0
Abstract
Any scientific intercession that has as objective, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.
Authors and Affiliations
MARIUS ANDREESCU
Keywords
Related Articles
- EP ID EP121168
- DOI -
- Views 114
- Downloads 0
FIDUCIA IN THE LIGHT OF THE NEW CIVIL CODE INSTITUTION OF LAW WITH UNREGULATED FINALITY
The institution of “Fiducia” relatively completely regulated by the content of the art. 773-791 of the New Civil Code, represents, together to the institution of periodic property and the one of administration of one's a...
LEADERSHIP IMPORTANCE AND ROLE IN THE PUBLIC SECTOR - FEATURES IN THE CONTEMPORARY CONTEXT
Nowadays leadership is considered a managerial and organizational process that influences and guides the activities of the companies. As a management process, leadership can systematically influence the relationships tha...
ASPECTS REGARDING NEUROMARKETING SPECIFIC RESEARCH METHODS
Information is one of the most important resources that a company must posses. Some informations are hidden deep in the black box - the mind of the consumer. Neuromarketing helps us find what is inside of the black box w...
OBSTRUCTION OF THE EXERCISE OF ELECTORAL RIGHTS
Throughout the present study, we analyze the crime of obstruction of the exercise of electoral rights, as it is presented in the New Criminal Code, in comparison with the current regulation within the specific election l...
SHORT CONSIDERATIONS ON THE USE OF TRADE INDICATORS AS TRADEMARKS
In today's global marketplace products and services are exchanged internationally not only by large companies wielding a large portfolio of internationally protected trademarks but also by small enterprises and even indi...