General principles of law

• Author: Elena Anghel
• Position: Lecturer PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest, (e-mail: elena_comsa@yahoo.com).
• Pages: 120-130

LESIJ NO. XXIII, VOL. 2/2016

GENERAL PRINCIPLES OF LAW

Elena ANGHEL

Abstract

According to Professor Djuvara “law can be a science, and legal knowledge can also become

science when, r eferring to a number a s large as possible of a cts of those covered by law, sorts and

connects them by their essential characters upon legal concepts or pr inciples which are universally

valid, just like the laws of nature”.

The general principles of law ta ke a privileged place in the positive legal order a nd represent

the foundation of any legal construction. The essence of the legal principles resides in their genera lity.

In respect of the term “general”, Franck Moderne raised the question on the degree of generality used

in order to define a pr inciple as being general – a t the level of an institution, of a branch of the law or

at the level of the entire legal order .

The purpose of this study is to find out the character istics of law principles. In our opinion, four

chara cteristics can be mentioned.

Keywords: principle, genera l, experience, values, universal.

1. Introduction

In its great historical spatial diversity,

despite the natural differences, the law has a

permanent nature, represented by a bunch of

constants. Not only principles, but

institutions are conserved, according to the

continuity of social life; the state does not

create law, but establishes a law, the positive

law”

1

.

The general p rinciples of law take a

privileged place in the positive legal order

and represent the foundation of an y legal

construction. The essence of the legal

principles resides in their generality.

The purpose of this study is to find out

the characteristics of law principles. In our

opinion, four characteristics can be

mentioned.

 Lecturer PhD, Faculty of Law, “Nicolaeă Titulescu”ă Universityă ofă Bucharest, (e-mail:

elena_comsa@yahoo.com).

1

Gheorghe Mihai, Fundamentele dreptului, vol. I - II, All Beck Publishing House, Bucharest, 2003, pag. 250.

2

Mircea Djuvara, Teoria general a dreptului (Enciclopedie juridic), All Publishing House, Bucharest, 1995,

pag. 225.

2. Content

2.1. The generality of law principles

MirceaăDjuvaraăpointedăoutăthată„inătheă

filed of the science, the scientific pr ogress

consists of generalization. The scientific

method consists of the knowledge of as

many actual cases as possible and of their

concentration in unitary laws by means of

their essential similarities. The law of

gravitation was a hu ge progress due to the

fact it succeeded in combining a huge

numberăofăphenomena”

2

.

In its entirety, the science of the law

tends to generalization: the law is the res ult

of judgment and the judgment consists of

generalization; positive law has a general

application; the rule of law is general and