REFLECTIONS ON THE JURIDICAL SYSTEM
Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0
Abstract
It is professor Ion Craiovan`s opinion that law is an inherent condition of social life, fact of culture and civilization, expression of legal thinking, specific normative system, entity in the world of values or contemporary reality1. In this study, we aim to highlight the systemic nature of law. Related to the societal system, the juridical phenomenon is a subsystem, interdependent to other subsystems: the moral, economic, political, religious and scientific phenomenon. In his turn, law is only a part of the juridical phenomenon, which evolves depending on the other components: legal conscience and juridical relations. If defining law by relating it to its essence implies “to find what is permanent, stable and defining for the reality named law”, in terms of descovering „an universal underlying of juridical, an universal law concept, arising from the very nature of things by means of a meta-historical vision”2, we believe that the unity of the whole law system, its clarity, coherence, consistency and completeness are due to the general juridical principles. In our opinion, the whole law system is held by this assembly of guiding ideas which, having a privileged position in the positive juridical order, direct both the legislator and the law practitioner.
Authors and Affiliations
ELENA ANGHEL
Keywords
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