LAW AND JUSTICE IN THE AGE OF POSTMODERNISM
This study represents an attempt to highlight, from a legal and philosophical perspective, the most significant contradictions that can affect justice during a period of social crisis, namely the era of postmodernism. The object of our analysis is: normativism and legal formalism, the ideology of...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2024-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_013.pdf |
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| _version_ | 1841561280251428864 |
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| author | Marius ANDREESCU Andra PURAN |
| author_facet | Marius ANDREESCU Andra PURAN |
| author_sort | Marius ANDREESCU |
| collection | DOAJ |
| description | This study represents an attempt to highlight, from a legal and philosophical perspective, the most significant contradictions that can affect justice during a period of social crisis, namely the era of postmodernism. The object of our analysis is: normativism and legal formalism, the ideology of globalisation, the contradiction between the consecration and guarantee of citizen rights and the restriction of their exercise through excess of power, the contradictions between law and justice; justice and society and the act of fulfilling justice and what we call the „outward fall of justice”. In this context, we refer to some aspects that characterise the person and personality of the judge. This essay is a plea for the principles of law as a possible solution to solve and overcome the crisis of law and justice in postmodernism. Starting from the difference between „given” and „constructed”, we propose the distinction between „metaphysical principles” external to law, which through their content have philosophical meanings, and „constructed principles” elaborated and normatively consecrated. We emphasise the obligation of the legislator, but also of the judge, to refer to the principles of law, including those external to law, in the legislative activity, interpretation and application of the law. |
| format | Article |
| id | doaj-art-9cf0bfa1b6a84225ad10c4b7bc1c5657 |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2024-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-9cf0bfa1b6a84225ad10c4b7bc1c56572025-01-03T01:48:42ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962024-05-01171358371LAW AND JUSTICE IN THE AGE OF POSTMODERNISMMarius ANDREESCU0Andra PURAN1Lecturer, PhD, Faculty of Economic Sciences and Law, The National University of Science and Technology POLITEHNICA Bucharest, Pitești University CentreLecturer, PhD, Faculty of Economic Sciences and Law, The National University of Science and Technology POLITEHNICA Bucharest, Pitești University CentreThis study represents an attempt to highlight, from a legal and philosophical perspective, the most significant contradictions that can affect justice during a period of social crisis, namely the era of postmodernism. The object of our analysis is: normativism and legal formalism, the ideology of globalisation, the contradiction between the consecration and guarantee of citizen rights and the restriction of their exercise through excess of power, the contradictions between law and justice; justice and society and the act of fulfilling justice and what we call the „outward fall of justice”. In this context, we refer to some aspects that characterise the person and personality of the judge. This essay is a plea for the principles of law as a possible solution to solve and overcome the crisis of law and justice in postmodernism. Starting from the difference between „given” and „constructed”, we propose the distinction between „metaphysical principles” external to law, which through their content have philosophical meanings, and „constructed principles” elaborated and normatively consecrated. We emphasise the obligation of the legislator, but also of the judge, to refer to the principles of law, including those external to law, in the legislative activity, interpretation and application of the law.http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_013.pdfpostmodernismlaw and justicecontradictions of justicethe judgeprinciples of law |
| spellingShingle | Marius ANDREESCU Andra PURAN LAW AND JUSTICE IN THE AGE OF POSTMODERNISM Challenges of the Knowledge Society postmodernism law and justice contradictions of justice the judge principles of law |
| title | LAW AND JUSTICE IN THE AGE OF POSTMODERNISM |
| title_full | LAW AND JUSTICE IN THE AGE OF POSTMODERNISM |
| title_fullStr | LAW AND JUSTICE IN THE AGE OF POSTMODERNISM |
| title_full_unstemmed | LAW AND JUSTICE IN THE AGE OF POSTMODERNISM |
| title_short | LAW AND JUSTICE IN THE AGE OF POSTMODERNISM |
| title_sort | law and justice in the age of postmodernism |
| topic | postmodernism law and justice contradictions of justice the judge principles of law |
| url | http://cks.univnt.ro/download/cks_2024_articles%252F3_CKS_2024_PUBLIC_LAW%252FCKS_2024_PUBLIC_LAW_013.pdf |
| work_keys_str_mv | AT mariusandreescu lawandjusticeintheageofpostmodernism AT andrapuran lawandjusticeintheageofpostmodernism |