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GENERAL PRINCIPLES OF LAW
GENERAL PRINCIPLES OF LAW

Author(s): Elena Anghel
Subject(s): Law, Constitution, Jurisprudence
Published by: Universitatea Nicolae Titulescu
Keywords: principle; general; experience; values; universal

Summary/Abstract: According to Professor Djuvara “law can be a science, and legal knowledge can also become science when, referring to a number as large as possible of acts of those covered by law, sorts and connects them by their essential characters upon legal concepts or principles which are universally valid, just like the laws of nature”. The general principles of law take a privileged place in the positive legal order and represent the foundation of any legal construction. The essence of the legal principles resides in their generality. In respect of the term “general”, Franck Moderne raised the question on the degree of generality used in order to define a principle as being general – at the level of an institution, of a branch of the law or at the level of the entire legal order. The purpose of this study is to find out the characteristics of law principles. In our opinion, four characteristics can be mentioned.

  • Issue Year: XXIII/2016
  • Issue No: 2
  • Page Range: 120-130
  • Page Count: 11
  • Language: English