Tensiunea dintre litera legii şi spiritul dreptului în practica juridică contemporană
The tension between the letter of the law and the spirit of the law in contemporary legal practice

Summary/Abstract: The article examines the tension between the letter and the spirit of the law in contemporary legal practice, showing how strictly formal application may lead to injustice. Examples from the case law of the Romanian High Court, the Constitutional Court, and the European Court of Human Rights confirm that the letter, without spirit, becomes rigid and mechanical. Faced with today’s risks—excessive technicization, robotic uniformity, and the fetishization of precedents—the proposed solution is a return to legal culture. Understood as a professional ethos, legal culture enables lawyers and judges to combine textual rigor with just purpose, serving as the guarantee of re humanizing law.

• Details
• Contents