THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
The principles of law are an area of an interdisciplinary interest. The axiological, praxiological and teleological axes of law involve approaches from the perspective of philosophy and the philosophy of law in particular. The principles of law determine the existence of material legal reality in...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_027.pdf |
| Summary: | The principles of law are an area of an interdisciplinary interest. The axiological, praxiological and teleological
axes of law involve approaches from the perspective of philosophy and the philosophy of law in particular. The principles of
law determine the existence of material legal reality in their capacity, as premises of the positive legal order. The principles of
law affirmatively state its presence in the legal framework, precisely in the processes of law development and realization. In
the conditions of the globalization of the positive law, with the overwhelming multiplication of the systemic components (norms,
institutions, branches etc.), the recipient of the law risks losing its orientation in the normative-legal space. Therefore, the path
of the recipient of the law, irrespective of his position, the legislator, the applicant, or the ordinary recipient of the positive
right, is illuminated by the principles of law.
Globalization, as a socio-political phenomenon, also has effects on the legal system: there are increasingly visible
signs of a legal monialization, the creation of a right world. The national process will adapt to it, precisely because the
international courts have grounded the principles of the universal fair trial. Interconditioning between legality and moral
principles is the essential part of the socialization of human life, of its potentiation, realizing itself as being necessary to remove
a maximum of harm.
The strong manifestation of the effects of globalization has generated anxiety among broad categories of people,
states, and civil society organizations. This is because globalization describes a complex and diffuse reality: financial crises,
culture standardization, emerging transnational actors (such as international organizations, multinational companies) and
increased interdependence of economies.
The article shows how moral principles are compatible with the current trend of globalization and how thinking
about globalization and greater international interdependence would benefit from greater attention |
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| ISSN: | 2068-7796 2068-7796 |