The Concept, Traits and Functions of Judicial Values

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

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.