Some considerations on the principles of law

• Authors: Marius Andreescu , Andra Puran

Abstracts

EN

Any scientific intercession that has as objective 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 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, extensive references to the philosophical and juridical doctrine in the matter are being materialized. 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 the updating, in certain limits, the justice – naturalistic concepts in the law.

Keywords

EN

principles of the law; essence and phenomenon like aspect of the law; “given” and “constructed” in the law; signifi cances of the principles of law; moral value; juridical value; metaphysical principles; constructed principles

• Publisher: Krakowska Akademia im. Andrzeja Frycza Modrzewskiego
• Journal: Studia Prawnicze: rozprawy i materiały
• Year: 2020
• Issue: 2(27)
• Pages: 87-105

Contributors

author

Marius Andreescu

• University of Piteşti, Romania

author

Andra Puran

• University of Piteşti, Romania

Identifiers

DOI

10.34697/2451-0807-sp-2020-2-005

Biblioteka Nauki

1197590