ANTITHETICAL PERSPECTIVE OF LEGAL FORMALISM AND LEGAL REALISM
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
The necessity to outline a historical context is implicit in study of legal theories of formalism and realism. Understanding those notions presumes also understanding the social and polical context from the time of elaboration. The main purpose of legal debates about this subject is to identify the preferable path for adjudicating particular cases, between mechanical application of existing legal rules and judge’s possibility to use personal values, beliefs or ideological theories. The dispute about the measure of constraint by the text of the law has the aim of achieve the way to better decisions.
Authors and Affiliations
Horatiu MARGOI
Keywords
Related Articles
- EP ID EP298488
- DOI -
- Views 131
- Downloads 0
COLLECTIVE REDRESS AND ALTERNATIVE DISPUTE RESOLUTION – REMEDIES IN THE „CONSUMER TOOLKIT”
Collective redress for compensation, also known as a group action or a class action, reunites consumers who have suffered the same or very similar loss or harm caused by the same trader. They come in court as a group and...
THE IMPAIRMENT of CITIZEN'S RIGHT TO INFORMATION BY "FAKE NEWS" PUBLICATION
In the context of an international society ever-evolving in the rapid development of information technology, there is a need to obtain information in a shorter time, which sometimes can lead to data being taken as real,...
ASPECTS OF FORENSIC TACTICS AT THE CRIME SCENE INVESTIGATION OF MURDER CASES
Crime scene investigation is a procedural and criminalistics tactics activity aimed at a direct perception of the place where the crime was committed, at discovering, revealing, holding down, picking up and examining the...
JURISPRUDENTIAL ISSUES CONCERNING THE BENEFICIARIES OF PROVISIONS OF ARTICLE 49 TFEU
From the interpretation of Article 49 paragraph (1) TFEU it results that restrictions on the freedom of establishment are removed for the purpose to pursue independent activities under conditions of equality with nationa...
EVALUATION OF THE SERVICE QUALITY AND SATISFACTION IN THE TURKISH HIGHER EDUCATION IN TERMS OF INTERNATIONAL STUDENTS
Purpose- The purpose of the study is to explore the service quality of Turkish higher education, the satisfaction level of international students and the critical SERVQUAL dimensions in terms of international students’ s...