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

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