LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT
e, 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 con...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
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Fundația Română pentru Inteligența Afacerii
2017-07-01
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| Series: | Law, Society & Organisations |
| Subjects: | |
| Online Access: |
http://seaopenresearch.eu/Journals/articles/LSO_2_1.pdf
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| _version_ | 1828273819343650816 |
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| author | Marius ANDREESCU Andra PURAN Claudia ANDREESCU |
| author_facet | Marius ANDREESCU Andra PURAN Claudia ANDREESCU |
| author_sort | Marius ANDREESCU |
| collection | DOAJ |
| description | e, 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 application. 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 updating, in certain limits, the justice – naturalistic concepts in the law. |
| first_indexed | 2024-04-13T06:25:42Z |
| format | Article |
| id | doaj.art-9007bb389f6e423cacddba91f8796368 |
| institution | Directory Open Access Journal |
| issn | 2537-477X |
| language | English |
| last_indexed | 2024-04-13T06:25:42Z |
| publishDate | 2017-07-01 |
| publisher | Fundația Română pentru Inteligența Afacerii |
| record_format | Article |
| series | Law, Society & Organisations |
| spelling | doaj.art-9007bb389f6e423cacddba91f87963682022-12-22T02:58:26ZengFundația Română pentru Inteligența AfaceriiLaw, Society & Organisations2537-477X2017-07-01II2 (1/2017)714lawsor:y:2017:i:2:7-14LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACTMarius ANDREESCU0Andra PURAN1Claudia ANDREESCU2 Court of Appeal Pitesti, Faculty of Economic Sciences and Law, University of Pitesti Faculty of Economic Sciences and Law, University of Pitesti MA in Diplomacy, National University of Political Studies and Public Administration Bucharest e, 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 application. 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 updating, in certain limits, the justice – naturalistic concepts in the law. http://seaopenresearch.eu/Journals/articles/LSO_2_1.pdf Principles of the lawEssence and phenomenon like aspect of the law“Given” and “constructed” in the lawMetaphysical principlesConstructed principles |
| spellingShingle | Marius ANDREESCU Andra PURAN Claudia ANDREESCU LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT Law, Society & Organisations Principles of the law Essence and phenomenon like aspect of the law “Given” and “constructed” in the law Metaphysical principles Constructed principles |
| title | LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT |
| title_full | LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT |
| title_fullStr | LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT |
| title_full_unstemmed | LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT |
| title_short | LAW PRINCIPLES AND SOCIAL PHILOSOPHY. DOCTRINE OF THE SOCIAL CONTRACT |
| title_sort | law principles and social philosophy doctrine of the social contract |
| topic | Principles of the law Essence and phenomenon like aspect of the law “Given” and “constructed” in the law Metaphysical principles Constructed principles |
| url |
http://seaopenresearch.eu/Journals/articles/LSO_2_1.pdf
|
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