Conceptul filosofico-juridic al principiilor constitutive
The philosophical and juridical concept of constitutive principles

Summary/Abstract: The law of modern liberal societies is mostly based on the solidarity due to differences and, accordingly, its purpose is the cooperation between autonomous subjects, one towards the others, towards the community itself and towards its political institutions. Each subject pursuits its interests and freely exercises its rights, trying to gain value or to obtain values. Therefore, the modern law, preponderantly oriented towards assuring the coordination of individual autonomies, can be founded only on what transcends these values, namely on principles. The aim of the study is to analyze what a principle is and what it means to regulate based on principles. As principles are generally established beyond the juridical sphere, they must be juridicalised in order to understand the way they lay at the base of the law. The next question that the study aims to approach is what the rules of this juridicalisation are. Finally, the last object of the analysis will be the question of choosing the principles that are constitutive for the society based on the cooperative law, the civil law, namely for the civilized society, from the ensemble of the juridical principles.

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