Știinţa juridică românească și problemele ei actuale
Romanian legal science and its current issues
Author(s): Valentin-Stelian BădescuSubject(s): Philosophy of Law
Published by: Editura Mega Print SRL
Keywords: Romania;Great Union; Romanian law; national patrimony;ethics; moral; faith;
Summary/Abstract: Justice cannot be where laws are crooked and ill-formulated. Nor where procedures go anywhere, but not to the right. Nor where the appointment of magistrates is done by a power center, whatever it is. They do not result in the appointment of judges outside the unrestrained competition, which will bring to the fore the most qualified and competent lawyers, among which the representative colleagues will decide in the public interest. Mandates should, as in the US or other countries, shift the presidential changes, which are, as we know, occasions for change. The Romanian framework is different nowadays, it is honest to recognize that our country is still on a path that cannot lead to justice: too little law in the public interest, misguided procedures, aberrant criteria in probation, voivodal appointments of magistrates, politicization. You must be naive or of bad faith or propagandist not to recognize the injustice that occurs perceptibly even under the propaganda about justice. The suffocating extension of corruptionin society is invoked as an argument of exalting justice, be it with shortcomings. There can be talk and serious talk about corruption. The phenomenon is wider than it is believed. It fights without a thorough examination of its dimensions and sources, at pressures from different directions. In analogous countries, corruption, sources, and places were analyzed. In ours, everything is left to more or less specific opinions that do not know what a society is or how the institutions work, such that they give a selective, preferential image of the extent of corruption. On theother hand, for the moment, many of those who owe their position precisely to the acts of corruption raise the stumbling block of the anti-corruption fight. There is no other way to integrate a society than a generous return to the foundations of the science of law, the unrelenting source of justice.
Journal: STUDII ȘI COMUNICĂRI/DIS
- Issue Year: 2018
- Issue No: 11
- Page Range: 359-397
- Page Count: 39
- Language: Romanian