Law Principles and Social Philosophy. Doctrine of the Social Contract

• Author: Marius Andreescu - Andra Puran - Claudia Andreescu
• Position: Court of Appeal Pitesti, Faculty of Economic Sciences and Law, University of Pitesti - Faculty of Economic Sciences and Law, University of Pitesti - MA in Diplomacy, National University of Political Studies and Public Administration Bucharest
• Pages: 7-14

Law, Society & Organisations

Volume II, Issue 2 (1 / 2017)

7

Marius ANDREESCU

Court of Appeal Pitesti, Faculty of Economic Sciences and Law, University of Pitesti

Andra PURAN

Faculty of Economic Sciences and Law, University of Pitesti

Claudia ANDREESCU

MA in Diplomacy, National University of Political Studies and Public Administration Bucharest

LAW PRINCIPLES AND SOCIAL

PHILOSOPHY. DOCTRINE OF THE

SOCIAL CONTRACT

K

eywords

Principles of the law

Essence and phenomenon like aspect of the law

“Given” and “constructed” in the law

Metaphysical principles

Constructed principles

Abstract

Any scientific intercession that has as objective, the understanding of the significances of the “principle of

law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the

law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical

significances due to this concept, but also the relationship between the juridical principles and norms,

respectively the normative value of the principle of the law. Thus are being materialized extensive

references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the

principles, in the work for the law’s creation and application. Starting with the difference between “given”

and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which

by their contents have philosophical significances, and the “constructed principles” elaborated inside the

law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the

work of legislation, interpretation and applying of the law. Arguments are brought for updating, in certain

limits, the justice – naturalistic concepts in the law.