Cateva probleme cu privire la adevarul enunturilor prescriptive
The Issue of Truth in Prescriptive Statements
Author(s): Marţian IovanSubject(s): Sociology of Law
Published by: Asociația Cultural Științifică „Dimitrie Ghika-Comănești”
Keywords: imperative statement; legal texts; truth; demonstration; justice;
Summary/Abstract: In this article, the author argues the need for approaching the law – legal texts – from the perspective of alethic criteria since, although they have an imperative sense, legal norms, as well as the prescriptive statements composing them, cannot circumvent the truth. Legal norms originate from certain knowledge and true experiences, which they contain subsidiarily and even in statements from legal texts. The argumentation conducted by the author evolves in the sense of demonstrating that justice, the operation of the legal system and the achievement of fairness in a society are unconditionally mediated by the finding of truth, and that they are a result of coherent and true knowledge, both necessary and sufficient.
Journal: COLUMNA
- Issue Year: 2016
- Issue No: 5
- Page Range: 57-73
- Page Count: 17
- Language: Romanian