JURISPRUDENȚA–IZVOR DE DREPT
Jurisprudence. Source of Law

Author(s): Mihai Bădescu
Subject(s): Sociology of Law
Published by: Universul Juridic
Keywords: judicial practice; source of law; legislator; rule of law; court order;
Summary/Abstract: All the ways of expressing the content of the right are known in the literature as the sources or sources of law, with two concepts of the concept of the source of law, namely: a source of law in a material sense also known as a material or realr source; and a source of law in formal or formal form. Judicial practice or jurisprudence is one of the formal sources of law. This is defined as the set of judgments delivered by courts of all grades, including the practical experience of the law enforcement bodies applying the right to concrete cases.Being precursor to the law as a source of law, jurisprudence did not play the same role in law systems, its role and purpose being differentiated from one historical period to another, from one system of law to another. Thus, we will briefly discuss some aspects specific to jurisprudence in contemporary law, in Roman-German law, in the Anglo-Saxon, insisting little more on the Romanian judicial practice, on those exceptional situations provided by the Constitution and other laws that urge reconsideration of judicial practice as a source of law.

• Details
• Contents