DESPRE HERMENEUTICA JURIDICĂ ŞI INFERENŢA INDUCTIVĂ ÎN APLICAREA DREPTULUI
ABOUT JURIDICAL HERMENEUTICS AND INDUCTIVE INFRINGEMENT IN THE APPLICATION OF THE LAW

Summary/Abstract: Considering the theoretical part of the legal hermeneutics from the Romanian law, with the side of the methodological hermeneutics, the author's study leads to the conclusion that in the current dynamic process of law enforcement, especially by administrative bodies often lacking legal specialization and in the absence of full legal provisions, the judicial interpreter will have to resort to the logical method of inductive inference in the first phase of the realization of the right - the correct identification of the applicable legal norm. The novelty of the research concerns the position of inductive reasoning over the deductive reasoning considered by the doctrine to be specific to the science of law. The transition from the private to the general is in the author's opinion the first place, in the chronological order, of the application of the right as a system - by selecting the legal norm appropriate to the concretely qualified and individualized fact / legal act, while the descent from general to particular occupy the stage of second of the judicial analysis, subsequent to the induction, for verifying the conformity of the legal norm selected with the particular case, the deduction being the first place in the order of the solution. The applicative side of the analyzed theoretical concepts and the conclusion derived from the critical reasoning takes into consideration the competition of the provisions of art. 11 (6) of the Law no. 206/2004 on good conduct in scientific research, technological development and innovation, art. 322 of the Law no. 1/2011 of the national education, and art. 252 (1) of the Law no. 53/2003 of the Labor Code, all related to the legal term in which disciplinary dismissal of an indefinite professor may be ordered for deviations from ethical norms in scientific research.

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