THE MORALITY OF LAW IN THE ERA OF GLOBALIZATION
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The principles of law are an area of an interdisciplinary interest. The axiological, praxiological and teleological axes of law involve approaches from the perspective of philosophy and the philosophy of law in particular. The principles of law determine the existence of material legal reality in their capacity, as premises of the positive legal order. The principles of law affirmatively state its presence in the legal framework, precisely in the processes of law development and realization. In the conditions of the globalization of the positive law, with the overwhelming multiplication of the systemic components (norms, institutions, branches etc.), the recipient of the law risks losing its orientation in the normative-legal space. Therefore, the path of the recipient of the law, irrespective of his position, the legislator, the applicant, or the ordinary recipient of the positive right, is illuminated by the principles of law. Globalization, as a socio-political phenomenon, also has effects on the legal system: there are increasingly visible signs of a legal monialization, the creation of a right world. The national process will adapt to it, precisely because the international courts have grounded the principles of the universal fair trial. Interconditioning between legality and moral principles is the essential part of the socialization of human life, of its potentiation, realizing itself as being necessary to remove a maximum of harm. The strong manifestation of the effects of globalization has generated anxiety among broad categories of people, states, and civil society organizations. This is because globalization describes a complex and diffuse reality: financial crises, culture standardization, emerging transnational actors (such as international organizations, multinational companies) and increased interdependence of economies. The article shows how moral principles are compatible with the current trend of globalization and how thinking about globalization and greater international interdependence would benefit from greater attention.
Authors and Affiliations
Oana Andra NIȚĂ
Keywords
Related Articles
- EP ID EP305105
- DOI -
- Views 102
- Downloads 0
COPYRIGHT PROTECTED PLASTIC ARTWORK IN THE LIGHT OF THE EUROPEAN AND ROMANIAN LAWS AND THE ARTWORK VALUE RELEVANCE
The plastic artwork, as a species of the "work of art" genre, is subjected to copyright. However, the law does not define plastic artworks, which are generally included in non-exhaustive listings, in phrases of the types...
THE PROCEDURE OF ACTS OF ADMINISTRATIVE LAW
The end of the twentieth century and the beginning of the 3rd millennium is characterized by a comprehensive process of transformation in all fields of human society, and all of these mutations must be subject to specifi...
CULTURAL TOURISM IN CENTRAL REGION OF ROMANIA
Romania has a multitude of natural and cultural attractions, with five of the European biogeographical regions and seven sites included in the UNESCO heritage, but it does not sufficiently exploit its touristic potential...
THE CONTRIBUTION OF THE ROMANIAN CONSTITUTIONAL COURT TO ESTABLISH THE RELATION BETWEEN THE RIGHT TO PROPERTY AND THE RIGHT TO A HEALTHY ENVIRONMENT
The present study aims to establish the relation between the right to property and the right to a healthy environment from the perspective of the jurisprudence of the Romanian Constitutional Court. The relation between t...
THE RIGHT OF THE DONOR/RECIPENT TO INFORMATION IN THE CASE OF TRANSFER AND TRANSPLANT OF ORGANS, TISSUES AND HUMAN CELLS FOR THERAPEUTIC PURPOSES
The current study starts from the fact that, in the contemporary society, the patient can no longer be considered a simple consumer of services totally subordinated to the doctor, but he is an active participant in the p...