REFLECTIONS ON THE JURIDICAL SYSTEM

It is professor Ion Craiovan`s opinion that law is an inherent condition of social life, fact of culture and civilization, expression of legal thinking, specific normative system, entity in the world of values or contemporary reality1. In this study, we aim to highlight the systemic nature of law. R...

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Main Author: ELENA ANGHEL
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2013-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_056.pdf
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author ELENA ANGHEL
author_facet ELENA ANGHEL
author_sort ELENA ANGHEL
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description It is professor Ion Craiovan`s opinion that law is an inherent condition of social life, fact of culture and civilization, expression of legal thinking, specific normative system, entity in the world of values or contemporary reality1. In this study, we aim to highlight the systemic nature of law. Related to the societal system, the juridical phenomenon is a subsystem, interdependent to other subsystems: the moral, economic, political, religious and scientific phenomenon. In his turn, law is only a part of the juridical phenomenon, which evolves depending on the other components: legal conscience and juridical relations. If defining law by relating it to its essence implies “to find what is permanent, stable and defining for the reality named law”, in terms of descovering „an universal underlying of juridical, an universal law concept, arising from the very nature of things by means of a meta-historical vision”2, we believe that the unity of the whole law system, its clarity, coherence, consistency and completeness are due to the general juridical principles. In our opinion, the whole law system is held by this assembly of guiding ideas which, having a privileged position in the positive juridical order, direct both the legislator and the law practitioner.
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spelling doaj.art-35713f5092104d49808d990bc988ba022022-12-22T01:21:20ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-470476REFLECTIONS ON THE JURIDICAL SYSTEMELENA ANGHEL0Lecturer, PhD, The Faculty of Juridical Sciences, “Nicolae Titulescu” University of Bucharest (e-mail: elena_comsa@yahoo.com).It is professor Ion Craiovan`s opinion that law is an inherent condition of social life, fact of culture and civilization, expression of legal thinking, specific normative system, entity in the world of values or contemporary reality1. In this study, we aim to highlight the systemic nature of law. Related to the societal system, the juridical phenomenon is a subsystem, interdependent to other subsystems: the moral, economic, political, religious and scientific phenomenon. In his turn, law is only a part of the juridical phenomenon, which evolves depending on the other components: legal conscience and juridical relations. If defining law by relating it to its essence implies “to find what is permanent, stable and defining for the reality named law”, in terms of descovering „an universal underlying of juridical, an universal law concept, arising from the very nature of things by means of a meta-historical vision”2, we believe that the unity of the whole law system, its clarity, coherence, consistency and completeness are due to the general juridical principles. In our opinion, the whole law system is held by this assembly of guiding ideas which, having a privileged position in the positive juridical order, direct both the legislator and the law practitioner.http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_056.pdfjuridical systemessencejuridical principleunity of the law systemcompleteness of the law system.
spellingShingle ELENA ANGHEL
REFLECTIONS ON THE JURIDICAL SYSTEM
Challenges of the Knowledge Society
juridical system
essence
juridical principle
unity of the law system
completeness of the law system.
title REFLECTIONS ON THE JURIDICAL SYSTEM
title_full REFLECTIONS ON THE JURIDICAL SYSTEM
title_fullStr REFLECTIONS ON THE JURIDICAL SYSTEM
title_full_unstemmed REFLECTIONS ON THE JURIDICAL SYSTEM
title_short REFLECTIONS ON THE JURIDICAL SYSTEM
title_sort reflections on the juridical system
topic juridical system
essence
juridical principle
unity of the law system
completeness of the law system.
url http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_056.pdf
work_keys_str_mv AT elenaanghel reflectionsonthejuridicalsystem