THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITY

Any scientific intercession that has as objective, the understanding of the significances of the „principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the mu...

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Main Authors: Marius ANDREESCU, Andra PURAN
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2023-06-01
Series:Challenges of the Knowledge Society
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Online Access:http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_017.pdf
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author Marius ANDREESCU
Andra PURAN
author_facet Marius ANDREESCU
Andra PURAN
author_sort Marius ANDREESCU
collection DOAJ
description Any scientific intercession that has as objective, the understanding of the significances of the „principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus, are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between „given″ and „constructed” we propose the distinction between the „metaphysical principles” outside the law, which by their contents have philosophical significances, and the „constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.
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spelling doaj-art-25c38eeb36a94ea4857d56a626655c1f2025-01-02T06:03:39ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-01161358367THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITYMarius ANDREESCU0Andra PURAN1Lecturer PhD, Faculty of Economic Sciences and Law, University of Pitești (e-mail: andreescu_marius@yahoo.com).Lecturer PhD, Faculty of Economic Sciences and Law, University of Pitești (e-mail: andradascalu@yahoo.com).Any scientific intercession that has as objective, the understanding of the significances of the „principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus, are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between „given″ and „constructed” we propose the distinction between the „metaphysical principles” outside the law, which by their contents have philosophical significances, and the „constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_017.pdfprinciples of the lawessence and phenomenon like aspect of the law„given” and „constructed” in the lawsignificances of the principles of lawmoral valuejuridical value
spellingShingle Marius ANDREESCU
Andra PURAN
THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITY
Challenges of the Knowledge Society
principles of the law
essence and phenomenon like aspect of the law
„given” and „constructed” in the law
significances of the principles of law
moral value
juridical value
title THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITY
title_full THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITY
title_fullStr THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITY
title_full_unstemmed THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITY
title_short THE PRINCIPLES OF LAW. METAPHYSICAL RATIONALITY AND LEGAL NORMATIVITY
title_sort principles of law metaphysical rationality and legal normativity
topic principles of the law
essence and phenomenon like aspect of the law
„given” and „constructed” in the law
significances of the principles of law
moral value
juridical value
url http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_017.pdf
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