THE ISSUE OF LEGAL SANCTION ACCORDING TO SOME FAMOUS RATIONAL THINKERS
Journal Title: Legea și viața - Year 2018, Vol 1, Issue 1
Abstract
The study of the legal sanction concept necessarily involves the historical vision, linked to deciphering its origins. By accepting the thesis, according to which the law may express only the social needs of a community constituted as a political organization, we may doubt the fact, that the law appears in social and historical conditions characterized by the differentiations specific for the political organization. The historical evolution of the social sanctioning reaction meant a changing and complex historical process from the early beginnings of the primitive society, the individual, instinctive, violent and unlimited reaction, continuing with a vengeance, private composition, the Lex talionis and the increasing intervention of the State. However, whether it is excessively rough, a specific feature of the development and consolidation process of the States, whether it is considered a creation of the divinity, the legal sanction is applied to some acts committed to the detriment of the law, with the aim to eliminate the imbalance and injustice and to restore the normal functioning of the society.
Authors and Affiliations
Ina BOSTAN
Keywords
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