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The Law - The Source Of Codification
The Law - The Source Of Codification

Author(s): Roxana Gabriela Albăstroiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: the Code; the law; the legislative inflation; the legislative developments; the excessive specialization of law

Summary/Abstract: Throughout history, from the earliest attempts of codification, until recent codes, lawyers have sought the fulfillment of the ideal of righteousness and justice. If the law is there to express the standardized values, all the more, this role is amplified in a code. So, the ideological basis can transcend his every letter, his title, his preliminary or his plan, but, especialli his content. Beyond ideology, the legal reality “described” by the law, must be the most accurate conversion of the social reality, otherwise, the “law was born dead”. The present study tries to identify the systematic stages of law in the coding action and to formulate the principles which give stability and sustainability to the Code in time. All of this are presented to be able to determine the basis, but also the implants that the social, political, economical and religious environment made every time in the procedure for determining the social realities who must be legislated, but especially in the systematization act of law. The law perceived as the foundation of the code is passing to a certain trivialization cauzed, in fierst time by the legislative inflation, and second time by the lack of the interpretation of law that we allready have in the system.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 13-33
  • Page Count: 21
  • Language: English