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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Format: | Article |
Language: | English |
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Nicolae Titulescu University Publishing House
2013-05-01
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Series: | Challenges of the Knowledge Society |
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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 |
collection | DOAJ |
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. |
first_indexed | 2024-12-11T04:13:16Z |
format | Article |
id | doaj.art-35713f5092104d49808d990bc988ba02 |
institution | Directory Open Access Journal |
issn | 2068-7796 2068-7796 |
language | English |
last_indexed | 2024-12-11T04:13:16Z |
publishDate | 2013-05-01 |
publisher | Nicolae Titulescu University Publishing House |
record_format | Article |
series | Challenges of the Knowledge Society |
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 |