Law, Normativity, Legal Order Cover Image

Law, Normativity, Legal Order
Law, Normativity, Legal Order

Author(s): Mihai Bădescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Fundaţiei România de Mâine
Keywords: law; legal order; society; system; juridical norms; value; justice

Summary/Abstract: Law is a discipline that has as aim the establishing of order in society, par excellence, which observance by the individual members of society is assured by means of material coercion. At the same time, the affirmation and assuring of spirituality as supreme social value is a necessary consequence of the existence of law. Also, law is a system of norms of social action, rationally harmonized and imposed by society; following the introduction of the laws of reason within human activity law is an instrument of spiritualization of mankind; the nature of law cannot be explained and understood unless paying attention to the nature of the spirit. As a whole, law indicates the permitted, forbidden or imposed acts in society, on the basis of the idea of justice. Rational law is the source of the ideals of justice that each society entertains, relating the idea of justice to its specific conditions. Interpreting this profound relation between law and spirituality, we discern that law is entitled to be the technical mean for the progress of our spirituality and a guarantee for this progressive spirituality, too. The very reason to exist of law is required by the most profound and special exigency of the human being: the aspiration to live as a human being, that is, as a spiritual being, claiming the spiritual being as an aim in itself and as an autonomous finality.

  • Issue Year: III/2017
  • Issue No: 6
  • Page Range: 70-75
  • Page Count: 6
  • Language: English