The jurisprudence. Formal law source
The importance of jurisprudential unification lies in the fact that the jurisprudential discrepancies existing in fields of general interest for society produce a state of uncertainty, which diminishes the public’s trust in the judicial system. In general, in the Romanian law system, jurisprudence...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Bucharest University of Economic Studies
2015-06-01
|
| Series: | Juridical Tribune |
| Subjects: | |
| Online Access: | http://www.tribunajuridica.eu/arhiva/An5v1/12%20Oglinda.pdf |
| _version_ | 1797219059313410048 |
|---|---|
| author | Bazil OGLINDĂ |
| author_facet | Bazil OGLINDĂ |
| author_sort | Bazil OGLINDĂ |
| collection | DOAJ |
| description | The importance of jurisprudential unification lies in the fact that the jurisprudential discrepancies existing in fields of general interest for society produce a state of uncertainty, which diminishes the public’s trust in the judicial system.
In general, in the Romanian law system, jurisprudence (the juridical praxis), although it has been approached regarding the sources of law by Romanian scholars, they reached a common conclusion, in the sense that it is not a formal source of law.
As far as we are concerned, as we will show in the subsequent developments, we do not share the diffidence manifested by the authors, generally, with regard to seeing jurisprudence as not a source of law, with the nuances and parantheses required.
The modern trend was one of closeness and interconditioning between the two great law systems (the great Romano-Germanic system and the great common-law system), this is way we have to leave behind the prejudices and to see the fact that, in the Romanian judicial reality as well, jurisprudence has gained an increasingly significant role.
In the next years, we believe that jurisprudence, by shaping general law principles, will be recognized as a main source of law. |
| first_indexed | 2024-04-24T12:27:37Z |
| format | Article |
| id | doaj.art-8a926814266e49b8aa684836b6dad039 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:27:37Z |
| publishDate | 2015-06-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-8a926814266e49b8aa684836b6dad0392024-04-08T07:42:59ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822015-06-0151120129The jurisprudence. Formal law source Bazil OGLINDĂ0Bucharest University of Economic Studies, Law DepartmentThe importance of jurisprudential unification lies in the fact that the jurisprudential discrepancies existing in fields of general interest for society produce a state of uncertainty, which diminishes the public’s trust in the judicial system. In general, in the Romanian law system, jurisprudence (the juridical praxis), although it has been approached regarding the sources of law by Romanian scholars, they reached a common conclusion, in the sense that it is not a formal source of law. As far as we are concerned, as we will show in the subsequent developments, we do not share the diffidence manifested by the authors, generally, with regard to seeing jurisprudence as not a source of law, with the nuances and parantheses required. The modern trend was one of closeness and interconditioning between the two great law systems (the great Romano-Germanic system and the great common-law system), this is way we have to leave behind the prejudices and to see the fact that, in the Romanian judicial reality as well, jurisprudence has gained an increasingly significant role. In the next years, we believe that jurisprudence, by shaping general law principles, will be recognized as a main source of law.http://www.tribunajuridica.eu/arhiva/An5v1/12%20Oglinda.pdfjurisprudencelaw sourcecreator source of lawgeneral law principles |
| spellingShingle | Bazil OGLINDĂ The jurisprudence. Formal law source Juridical Tribune jurisprudence law source creator source of law general law principles |
| title | The jurisprudence. Formal law source |
| title_full | The jurisprudence. Formal law source |
| title_fullStr | The jurisprudence. Formal law source |
| title_full_unstemmed | The jurisprudence. Formal law source |
| title_short | The jurisprudence. Formal law source |
| title_sort | jurisprudence formal law source |
| topic | jurisprudence law source creator source of law general law principles |
| url | http://www.tribunajuridica.eu/arhiva/An5v1/12%20Oglinda.pdf |
| work_keys_str_mv | AT baziloglinda thejurisprudenceformallawsource AT baziloglinda jurisprudenceformallawsource |