The validity and effectiveness of law

• Author: Nicolae Razvan Bujdoiu
• Position: Transilvania University of Brasov
• Pages: 127-138

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 8 (57) No. 1 - 2015

THE VALIDITY AND EFFECTIVENESS

OF LAW

Nicolae Răzvan BUJDOIU1

Abstract: This current study addresses the key issues regarding the content,

effectiveness and implementation of the law in its entirety. The matters of

detail concern the characteristics and role of law, their legitimacy, their

interpretation and application to specific cases and the role of legality as a

fundamental principle of any legal system. The society is characterized by,

and thus remains in a normal order, through a broad system of legal,

political, moral and economic norms. The social order is of a logical-

normative uniformity and regularity type. The incumbency thus becomes a

powerful organizer of the people's efforts to balance the individual interests

with the public ones.

Key words: law, value, validity, interests, purpose.

1 Transilvania University of Brasov.

1. Introduction

The law includes the axiological

dimension, being the product of the social

actions of the person's will. The law is a

material phenomenon and also includes

moral values and a normative order, acts of

will and acts of authority, of freedom and

constraint (J.L. Bergel).The same author

often notes the frequent neglect to study

the aims of the law.

M.Virally considers [9] the attraction of

the value concept to be at the core of the

legal theory in order to accurately assess

the manner in which the law protects its

individual and collective interests.

In the conception of N. Popa, Professor

and lawyer, the aims of law as a legal

system are embodied in a set of functions:

[7]

a. the function of institutionalization or

legal formalization of the political-social

organization

b. the function of preservation, protection

and safeguard of the fundamental values of

society

c. the function of company management

d. the regulatory function

The purpose of the law embodied in its

functions arises from the purpose of the

law. R. Von Ihering subtly remarked that

the purpose is the creator of the entire law

system as an intentional product, this being

the form in which the state organizes

through coercition the living conditions of

society.

The researchers of the past two decades

have shown the necessity that the idea of

law not be removed from its original

homeland, of considering justice as a

special purpose.

In relation to the purpose of the law [5]

there are three categories of doctrine:

1. The doctrines that put the law in the

service of the individual (the nominalist

philosophy: I Bentham, Hobbes). From