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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Main Author: Oana Andra NIȚĂ
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2018-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_027.pdf
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author Oana Andra NIȚĂ
author_facet Oana Andra NIȚĂ
author_sort Oana Andra NIȚĂ
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description 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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spelling doaj.art-bf247eca9cf6456a836a5ddc358ecd462022-12-22T00:55:17ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-572582THE MORALITY OF LAW IN THE ERA OF GLOBALIZATIONOana Andra NIȚĂ0PhD Candidate, The Bucharest University of Economic Studies (e-mail: oana.nita2000@gmail.com)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 attentionhttp://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_027.pdfglobalizationmoral principleslegalitysocietyeconomy
spellingShingle Oana Andra NIȚĂ
THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
Challenges of the Knowledge Society
globalization
moral principles
legality
society
economy
title THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
title_full THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
title_fullStr THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
title_full_unstemmed THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
title_short THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
title_sort morality of law in the era of globalization
topic globalization
moral principles
legality
society
economy
url http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=3_public_law%2F&download=CKS_2018_public_law_027.pdf
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