Dreptul ca valoare și valoarea dreptului
The Law as Value and The Value of The Law

Author(s): Emilian Ciongaru
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Universul Juridic
Keywords: Positive Law; The Science of Law; Right as Value; The Value of The Right; Legal Philosophy;
Summary/Abstract: From the perspective of global evolution, law must be and is analyzed as a coherent and articulated system that has specific rules from several points of view, such as: from the point of view of historical considerations; studied as a phenomenon that preserves certain traditions and characteristics acquired over time, but which have maintained a permanent and continuous dynamic; studied from the point of view of the structure of the legal system; studied as a phenomenon that is formed by well-defined elements that are found in a state of deep and well-defined interference. In the analysis as a value, the true right is nothing but that right which aims to contribute decisively to the initiation and realization of a democratic society formed by people with free will, manifested as the will to stay, therefore which contributes to the creation of principles and values fundamentals of fulfilling the social ideal as the defining foundation of the state. Also, the law exclusively establishes very well-defined social norms, and as a value of positive law, it aims to formulate imperative values, but both social norms and imperative values aim to achieve an absolute value of the legal system.

• Details
• Contents