TECHNIQUE OF PREPARATION OF NORMATIVE ACTS
TECHNIQUE OF PREPARATION OF NORMATIVE ACTS

Summary/Abstract: It is legal norms that play a crucial role as far as social participants are concerned, maintaining order, stability and balance. By defining what is legal or illegal, the law acts as a factor that discourages behavior or activities that would fall within the scope of the illicit, providing the social protection to which citizens are entitled. In this sense, the great philosophers of the world have explained the process by which rudimentary human communions were transformed into today's modern societies by means of legal norms. Called in the literature as the "theory of contractualism", Jean-Jaques Rousseau explained that in order to reach a social balance in a society, it is necessary to have rules for the participants in social life to respect, giving in exchange a part of the freedom absolute with which they were born. "In this way, a "social contract" is born between individuals, who through free will renounce to manifest themselves freely in an arbitrary manner, accepting a series of rules of socialcoexistence, which the group imposes on the individual in the form of laws." This was an initiating and explanatory point for the emergence of legal norms, because through the definition of the social contract, the citizens tacitly accepted and recognized the principles established and established as law. "Precisely this contract and the accession of all citizens guarantees the legitimacy of the laws, and their imperative character, being the force of law that must replace the law of force (Sandu, 2023, p. 8).

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