THE LAW IN A “LIQUID SOCIETY” Cover Image

THE LAW IN A “LIQUID SOCIETY”
THE LAW IN A “LIQUID SOCIETY”

Author(s): Aurel Codoban, Anca Mihaela Georoceanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: the hierarchy of values; post modernity; the state - firm; streamline society;

Summary/Abstract: Justice means ranking different values to give priority to one another. The issue of thehierarchy of values brings with it a logical matter that every philosophy of law tries, explicitly orimplicitly, to solve by assuming a fundamental value, to which all the other are subordinate. Allthese statements are verified and can be exemplified with the general stages of evolution of thephilosophy of law, which have gradually proposed a hierarchy of values, with different accentsin Antiquity and the Middle Ages, followed by their autonomy in modern times. The idea fromwhich the present philosophical thinking has made its emblem is the pluralism of values, that is,their heterogeneity and heteronomy. The best formula is to streamline society under the influenceof communication. At the same time, however, there is an opposite trend: the legal seems toimpregnate all the social tissue and to impose its formalism and procedures. All social, economic,political, and even ethical interpersonal relationships or erotic intimacy increasingly becomesubject to legal norms and arbitrariness by law. Knowing that the great jurists felt the need tosubstantiate and complete the concept of law with certain philosophical positions, we wonderwhat the consequences of this contradictory situation are for the renewal of the interpretation ofthe law

  • Issue Year: 2/2020
  • Issue No: 2
  • Page Range: 151-158
  • Page Count: 7
  • Language: English