The role of law as an instrument of communication within legal positivism

Author:Claudiu Ramon D. Butculescu
Position:Spiru Haret University, Bucharest
Pages:132-137
SUMMARY

This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal posi tivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under... (see full summary)

 
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The role of law as an instrument of communication
within legal positivism
Lecturer Claudiu Ramon D. BUTCULESCU
1
Abstrac t
This article tack les some asp ects conce rning th e role o f law as an instrument o f
communica tion from the perspec tive of legal po sitivism. The pape r presents co nsideratio ns
regardi ng law communicati on in relation to lega l positi vism and scientific po sitivism. At
the same time, the arti cle examines the correlation s betw een th e leg al co mmunicat ion
models and the vario us inclin ations develop ed under legal p ositivism. Bot h withi n legal
positi vism and the scientific posi tivism, the role of law as a communica tion tool is essentia l.
The conce pt of lega l communicat ion should be consi dered as the ide a of understa nding the
legal norm by the reci pients of law, namely by persons an d also accept ance of these rules
in order to re spect t hem. Also, clarity and transparen cy in la w communica tion are very
importa nt elements that c ontribute to the way in which legal stan dards are received . The
anal ysis of legal co mmunica tion from the perspect ive of legal posi tivism presents a speci al
scienti fic in terest, give n the very essence of posi tivism, namely that the la ws are commands
of the human b eing. Thus, it is imp ortant t o analy ze communicat ion pat terns tha t ca n be
appl ied i n the posit ivist orientatio n to consi stently apprecia te th e ways in w hich leg al
communica tion can be improved .
Keywords: l egal positivism, scientific positi vism, communica tion patterns, legal
communica tion
JEL Cla ssification: K10, K30
1. Introduction
Analysis of legal communication is a relatively new niche of scientific
research in General Theory of law. Thus, although law communication was
mentioned in theoretical works and papers on several occasions, however, a
detailed analysis of how this type of communication is done from the perspective
of law schools and especially from the legal positivism perspective has not been
made. We consider that such an analysis is necessary for a proper understanding of
how communication is done within the communication flow established between
the state entities and law addressees, or the wide public.
1
Claudiu Ramon D. Butculescu - Spiru Haret University , Bucharest, „Acad. A ndrei Rădulescu”
Legal Research Ins titute, Romanian Academy, butculescu@yahoo.com .

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