CONSIDERAȚII PRIVIND ROLUL JURISPRUDENȚEI CA INSTRUMENT DE EXPRIMARE ȘI DISEMINARE A CULTURII JURIDICE ÎN SISTEMUL DREPTULUI ROMÂN/
Considerations Regarding the Role of Jurisprudence as an Instrument of Expression and Dissemination of Legal Culture in The Romanian System of Law

Author(s): Claudiu Ramon Butculescu
Subject(s): Sociology of Law
Published by: Universul Juridic
Keywords: legal culture; jurisprudence; source of law; legal theory; normative system;
Summary/Abstract: This paper synthetically addresses certain issues regarding the interaction between jurisprudence, seen as a sub-system integrated within the system of the sources of law and legal culture, seen a sub-system integrated into the normative social system. In legal theory, jurisprudence is categorized as a source of law. In some systems of law, it is considered a principal source of law, while in others we find it as a secondary source of law. Its role as a source of law becomes more and more important in the actual context of European Law, which embodies both characteristics of continental law and common-law. Through jurisprudence, certain aspects of the law that are lacunary or ambiguous are clarified, although jurisprudence represents itself an instrument of expression and dissemination of legal culture. Legal culture represents an essential concept of law in its own right, pertaining to legal theory, although it has not completely defined neither in Romanian specialized literature, nor in foreign literature. The purpose of this study is to answer to the following question: are there any relevant relations or interactions between legal culture and jurisprudence? If the answer to the aforementioned question is an affirmative one, the second question to which this study will try to answer is: what are the characteristics of the relations and interactions between the legal culture and jurisprudence? The analysis of the interactions between jurisprudence and legal culture could represent a starting point for studying the ways in which legal culture is expressed and disseminated in the Romanian system of law.

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