LESIJ NO. XXII, VOL. 2/2015
VALUES AND VALORIZATION
I live with the feeling that, in the past few years, Romania has been a drifting ship. We do not
know where is it going, nor the place it will arrive at. Like any individual en dowed with reason, I
wonder why chaos took over this society and, if I would have the power to change anything, what would
be the solution to less troubled waters. I think we lost our way because we forgot to always refer to the
values that should guide us ... or because we refer too often to non-values. I think we could find our
way and stop wandering if we will rely our evolution on values, if we will teach our children from a
young age what values and non-values are and if we could run our existence in the spirit of a real value
People live together, not just coexist, as so deeply professor Gheorghe Mihai highlighted 1.
Coexistence is specific to herds, packs, hordes; but human community means collaboration,
cooperation, consensualisation, which implies a consciousness towards values. "What is missing now
to the human society is a behavior that relates to a code of virtue"2.
Moral values are the support for the legal values. Unfortunately, today, it seems to me that values
are inverted and that the belief in the perfectibility of the individual (and therefore the perfectibility of
law) is increasingly being questioned. Contemporary society is characterized by la ck of motivation,
lack of a strategy and the absence of any ideals. In this context, I believe that the individual today feels
the necessity of some value referrences more acutely, whilst the society needs a law deeply based on
moral values. As morality itself contributes to the valorization of the law, I think that moral appeal is
more necessary today than yesterday, as a remedy for the individual and, consequently, the law to
overcome their crisis.
For all these reasons and also because I share the view that "the concrete law is not viable
without values and these values are always expressed in the defining principles of a law system"3, I
felt the need to write about values and valuation.
Keywords: value, valuation, law crisis, principle, ideal.
The rules of cohabitation within the
society are not spontaneously produced by
the intuition. Mircea Djuvara noted that
„the concept of value is present within all
* Lecturer, PhD, The Faculty of Juridical Sciences ”Nicolae Titulescu” University, Bucharest, Văcăresti Blvd,
No. 185, Bucharest, Romania (e-mail: email@example.com).
Gheorghe Mihai, Fundamentele dreptului, vol. I - II, All Beck Publishing House, Bucharest, 2003, page 164.
Dan Claudiu Dănişor, Ion Dogaru, Gheorghe Dănişor, Teoria generală a dreptului, C. H. Beck Publishing House,
Bucharest, 2006, page 11.
Gheorghe Mihai, Fundamentele dreptului, vol. I - II, All Beck Publishing House, Bucharest, 2003, page 167.
Mircea Djuvara, Teoria generală a dreptului (Enciclopedie juridică), (General Theory of Law (Legal
Encyclopedia)), All Publishing House Bucharest, 1995, page 216.
the legal relations and therefore it can be
said that the law in its in tegrity is nothing
but a research of values. They are classified
in increasingly higher values, having the
same nature as the very idea of obligation,
being set out as unconditional values”