Exigencies of the scientific approach – major points of reference for the configuration of the branches of law Cover Image
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Exigențele demersului științific – repere majore pentru configurarea ramurilor dreptului
Exigencies of the scientific approach – major points of reference for the configuration of the branches of law

Author(s): Ion Craiovan
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: law; branches of law; science; knowledge; legal doctrine; legal epistemology; disciplinarity; interdisciplinarity; transdisciplinarity

Summary/Abstract: The complexity of the problem of configuration of the branches of law requires the recourse to various courts, which, without being infallible, can provide resources to legitimize a solution or another. In this regard, there may be invoked a series of coordinates such as the spirit of the law, as core of the legal knowledge, formed by the contribution of the fundamental concepts, of the principles of law and of its finalities, the interdisciplinary analyzes of the legal phenomenon or the meta-theoretical level of the scientific approach. With regard to this latter point of reference, we are trying to express wider considerations that emphasize plans of specificity, of customization and of specialization, but also processes of generalization and of integration. It is argued that any approach is entitled to cognitively participate in shaping the theoretical or practical solutions. However, no point of view can be declared unique, in a dogmatic, exclusive manner, or infallible, being necessarily open and capable to receive other information in critical or innovating terms, to convert them into a dialectical process of relative and imperfect knowledge, but always perfectible, in relation to a society and to a historical time.

  • Issue Year: 2017
  • Issue No: 03
  • Page Range: 12-31
  • Page Count: 20
  • Language: Romanian