The Axiological Dimension of Law Cover Image

Dimensiunea axiologică a dreptului
The Axiological Dimension of Law

Author(s): Ion Craiovan
Subject(s): Philosophy of Law
Published by: Universul Juridic
Keywords: axiology; law; juridical values; romanian society; contemporaryity.
Summary/Abstract: Man is also an "aestiman", a being who inherently chooses. The value implies a relationship between "something" worthy of prize and "someone" able to give appreciation, a relationship between the valorized object and the valorizing subject. Introducing the notion of value into the center of legal theory means to appreciate precisely the way in which the law defends individual and collective interests. A value-based, minimal and open value system could include: legal truth, freedom, justice, legal security, public good. The concentrated expression of this system, its paradigm could be human dignity, in the broadest sense, as respect for the human condition in all its variety. In contemporary societies, in democratic states, the establishment of law is made by the recipients of legal norms by citizens by promoting the interests and values shared by them in democratic processes that confer lawfulness and legitimacy to law (J. Habermas). This process is not exempt from disruptions, manipulations, perverse effects, in which the law is always imperfect but perfect, and social values guide that. Romania makes the historical experience, in specific ways, of the value dimension of law. The overcoming of negative, crisis phenomena can not be done outside the promotion of culture as a patrimony of humanity. The culture of time and of society is the factor that, ultimately, gives value to democratic processes and controls the law. Also, education, social innovation processes, where technology and the information society are value-oriented, protect the identity and dignity of the human being, their right to a decent life, fundamental rights and freedoms, where law has a prime role rank and in which Justice as a value is the principle of coordination among human beings that tends towards harmony, congruence, proportionality, emerges as the original value of law, in solidarity with other social values.

  • Page Range: 178-181
  • Page Count: 4
  • Publication Year: 2018
  • Language: Romanian