The Concept, Traits and Functions of Judicial Values

Author:Gabriel Ichim-Radu
Pages:40-44
SUMMARY

The concept of value is central to the legal phenomenon. Reviewing the core values that are promoted, protected and guaranteed, the author presented the concept, specific features and functions of legal values. As a conclusion to this paper, the author emphasizes the role of legal values in the development and application of the normative acts (entire Law). This role can be considered as being... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2017
40
The Concept, Traits and Functions of Judicial Values
Gabriel Ichim-Radu1
Abstract: The concept of value is central to the legal phenomenon. Reviewing the core values that are promoted,
protected and guaranteed, the author presented the concept, specific features and functions of legal values. As a
conclusion to this paper, the author emphasizes the role of legal values in the development and applica tion of
the normative acts (entire Law). This role can be considered as being the indicator of legal culture and
civilization.
Keywords: value; legal value system of values; the characteristics of value; legal value functions
The concept of value has a central role in Law, considering the fact that it is a normative science. The
act of establishing judicial rules mainly supposes and imposes the research of social values which Law
intends to study in depth and to promote. In Law we find a trilogy of judicial values. (Ceterchi &
Craiovan, 1993, pp. 22-25). The author Barac L., considers that this trilogy consists of the following
values: security (reliability, stability), justice and social progress. (Rigaux, 1974, p. 337) Craiovan I.
considers that, apart from these values, we should add another one the public good. (Djuvara, 1995, p.
310)
Commenting on the role of social values as a configuration factor of Law, professor Ceterchi I., stated
that, the values which guide the Law are not strictly and exclusively judicial values. On the contrary,
they have a larger dimension, that of a moral, political, philosophical and social nature, which needs to
be understood through their socio-historical dynamics. Although some of them can be found in all Law
systems, such as Justice, their historic peculiarity and particularity mark them as special. A society’s
social values must be inferred from the philosophy (social, moral, political, judicial) which presides over
and gives direction to the social forces existing in that society.
Referring to the social values which give direction to Law during this era, I. Ceterchi lists, together with
justice, democracy, human dignity, security (judicial certainty), human rights, the constitutional state,
property in its various forms, civil society, national sovereignty. (Roubier, 1986, p. 187) According to
another author, the Belgian Fr. Rigaux, Law expresses the supreme values of our society nowadays. The
fundamental value of Law, together with the existent ones, in his opinion, which we agree with, is the
perspective. “If Law has a meaning, it would be that of offering a project of our future society and
playing its part through its various methods to accomplish the project. Law has the mission to insert the
future into the present, guaranteeing that the social system will work. Law is a social project, which
aspires to equality (freedom for all) and justice”. (Roubier, 1986)
1 PhD Student, Free International University of Moldova, Address: 52 Vlaicu P ârcălab Street, Chișinău MD-2012, Moldova,
Corresponding author: preotgabriel@yahoo.com.

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