Precedente (Jul 2023)

Lawfare, Between its (Un)Limits and Transdisciplinarity

  • Cristina Elena Popa Tache,
  • Cătălin-Silviu Săraru

DOI
https://doi.org/10.18046/prec.v23.5889
Journal volume & issue
Vol. 23
pp. 37 – 66

Abstract

Read online

This research explores the chameleon concept of lawfare and its impact on legal systems and society in general, focusing on the interplay between its (im)boundaries and transdisciplinarity. The analysis focuses on a kaleidoscope of fundamental aspects of justice, including the tactics and strategies used in judicial proceedings, in civil or military conflicts, in the abuse of legal procedures, and in the manipulation of the legal system to achieve illegal ends, in the regulation of law at the global level and nationally, highlighting the different forms this phenomenon can take and its impact on the rule of law and democracy. An important aspect of the research is the analysis of the limits of the law, in the sense that there are certain ethical, legal, and moral restrictions on the abusive use of the legal system, regardless of the circumstances. The conclusions are based on the finding that clearer regulations are needed to protect the integrity of the legal system and to prevent legal abuses, a fact that requires a series of future research, establishing the conditions that mark the transition from legal to illegal. This article has been developed using the method of transdisciplinary introspection, based on primary and secondary data from scientific journals, books, documents, and other publications.

Keywords