THE PRINCIPLES OF LAW. PHILOSOPHICAL APPROACH

Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0

Abstract

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.

Authors and Affiliations

MARIUS ANDREESCU

Keywords

Related Articles

LABOR MARKET POLICIES AND EFFECTIVENESS.

In this paper will be examined some important issues of the labor market policies in Albania. As well, the analysis of labor market institutions such as the Social Insurances or the Syndicates on the efficiency of employ...

HOOLIGANISM – CONTEMPORARY SOCIAL PHENOMENON

The proposed scientific theme is going to approach and study the hooliganism phenomenon as a contemporary social matter, in terms of conceptual and etiological. The present work has four main purposes: (1)- that of expla...

THE LEGAL PROTECTION OF REFUGEE: WESTERN BALKANS

States have been granting protection to individuals and groups fleeing persecution for centuries; however, the modern refugee regime is largely the product of the second half of the twentieth century. Like international...

DO WE STILL WANT AN AMERICAN HEGEMONY?

We are not just in an economic crisis. We are witnessing a global identity crisis that challenges the very nature of the international system. And the current system seems to be made after the image and likeness of the U...

LOGOTHERAPY IN EDUCATIONAL SYSTEMS

In modern knowledge societies knowledge and education have fallen apart. The educational systems are designed for efficiency in order to spill out very knowledgeable and efficient “working bees” for the highly sophistica...

Download PDF file
  • EP ID EP121168
  • DOI -
  • Views 102
  • Downloads 0

How To Cite

MARIUS ANDREESCU (2013). THE PRINCIPLES OF LAW. PHILOSOPHICAL APPROACH. Challenges of the Knowledge Society, 3(0), 438-449. https://europub.co.uk/articles/-A-121168