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Invariables of Natural Law
Invariables of Natural Law

Author(s): Constantin Cezar Tită, Violeta Dana Tită
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Fundaţiei România de Mâine
Keywords: natural law; positive law; state law; prejudice; given word; legitimate authority;

Summary/Abstract: At the core of any legal system are ideas, principles, concepts, directions that give content and guidance to this system. The objective law, seen as the entirety of the norms of the law, comprises several categories, the most important being natural law and positive law. If the positive right represents the total legal rules applicable at a given moment on a given territory and on a population, natural law is a much more complex concept. Natural law was crystallized in Antiquity, the first to write about him as the philosophers of Greece and ancient Rome, and later the concept was found and used in the struggle between the absolute monarch and the individual as the holder of fundamental rights. Natural law is seen as immutable and eternal, immediately applicable to all, but it is not incoherent to the idea of development. However, natural law contains some invariable ones that shape its content and activity, such as the obligation to compensate the injured person, the obligation to observe the given word and to perform the obligations in good faith and the obligation to respect the legal authorities.If each individual respects these invariable natural rights, the community will grow harmoniously, and the state's action and interventions on private legal trade will be particularly effective.

  • Issue Year: IV/2018
  • Issue No: 8
  • Page Range: 154-165
  • Page Count: 12
  • Language: English
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