THE PRINCIPLES OF LAW: PHILOSOPHICAL APPROACH Cover Image

THE PRINCIPLES OF LAW: PHILOSOPHICAL APPROACH
THE PRINCIPLES OF LAW: PHILOSOPHICAL APPROACH

Author(s): Marius Andreescu, Andra Puran
Subject(s): Constitutional Law, Philosophy of Law
Published by: C.H. Beck Publishing House - Romania
Keywords: Principles of the law; “given” and “constructed” in the law; Moral value; juridical value; metaphysical principles; constructed principles;

Summary/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. These us 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.

  • Issue Year: 14/2022
  • Issue No: 1
  • Page Range: 210-230
  • Page Count: 21
  • Language: English