Challenges of the Knowledge Society (May 2012)
THE IMPORTANCE OF PRINCIPLES IN THE PRESENT CONTEXT OF LAW RECODIFYING
Abstract
In its grand historical-spatial diversity, in spite of the natural differences between civilizations, law presents a permanent and universal nature, represented by a bunch of constants. These constants of law are, doubtlessly, the juridical principles, those indispensable tools meant to facilitate harmonization, on international level, of the legal systems. Along with the global trend of unifying space and time and escalation of a new stage of civilization, a more diversified society, we are witnessing today a reconfiguration of the Romanian legal system, reflected in the adoption of new legal codes. In this historical context in which Romania is placed, researching the importance of law principles becomes a necessity. Law principles have a privileged place within the positive juridical order, representing the foundation of any juridical construction: they certify the continuity of law during the centuries and that is why here we have to dig in order to find out the foundation of law, its permanent nature, its substance; they precede and give birth to positive law, which lies ahead of legal rules; principles build and guide the entire system of law, conferring to the legal order its necessary stability; being the underlayer of positive law, the principles of law represent a factor of stability and, also, a source of unity, coherence, consistency and efficiency for that legal system.
