De ce și cum scriem o lucrare în domeniul științelor juridice. Mai multe întrebări privind cercetarea științifică și doar câteva răspunsuri
Why and How Do We Write a Paper in the Field of Legal Sciences. Several Questions regarding Scientific Research and just a few Answers

Summary/Abstract: The ideas presented here are based on the way in which scientific research in the field of law (criminal law in particular) evolves. The anticipation of natural questions is followed by recommendations that are not intended to be decisive in the choice of topic and the orientation of the research, but rather to support the integrity and coherence of the approach. Even if the subject is oriented towards clarifying the structure of a doctoral thesis, the recommendations are applicable to any type of research in the field of legal sciences, an article or a study. The doctoral thesis must bring an element of novelty to the research of the field studied, to clarify an ambiguity that may arise from the interpretation of the law, from the application of the law, from the evaluation of the efficiency or constitutionality of an existing regulation or from the evaluation of the need for a new regulation. The originality of a thesis must concern both its basic idea (what the paper seeks to demonstrate) and the content (what are the conclusions reached regarding the purpose pursued within the analysis of the institution/notion of criminal law studied). The purpose of the paper, the research objective will be correlated with the questions that the thesis seeks to answer and the hypotheses that are to be verified. Each part of the thesis will aim to analyze, from the perspective of criminal law, criminal procedural law and, subsidiary, criminology, the regulation of the most important components of the institution/notion of criminal law studied and their effects on social relations: for example, to examine the relationship between certain legal relations of criminal law, to evaluate the effectiveness of an institution/norm in relation to the purpose pursued by the legislator, to investigate the elements of conventionality or constitutionality of a norm, to analyze the changes in the conditions of existence of an institution/norm studied etc. Neither the validity of choosing the hypothesis verified by the work nor the scientific character of the work depend on the positive or negative conclusion reached as a result of the study. However, the paper should not stop at solutions that could not be anticipated as being applicable in national law, either for reasons related to the incompatibility with the criminal system as a whole, or because they would impose logistical and personnel costs that are not compatible with what we imagine could be invested in justice/the criminal law system.

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