Some considerations upon the general theory of the law?s realization

• Author: Nitoiu Roberta - Dusca Anca Ileana
• Pages: 165-171

SOME CONSIDERATIONS UPON THE GENERAL THEORY OF THE

LAW’S REALIZATION

Ph. D. Associate Professor Roberta Niţoiu

Ph. D. Associate Professor Anca Ileana Duşcă

Abstract: In this paper work are exposed some considerations upon the general theory of

the law's realization, starting from the definition of the concept of law's realization and from its

forms.

Also, it is especially important to underline the fact that, in regard to their respective appearances,

the similarities between state and law are obvious and it was stated that the law is an intrinsic

dimension of human existence.

Key words: The law, juridical norms, general theory

In order to approach the present topics, we should start from the definition of the concept of

law's realization and from its forms

1

.

A first imperative precision concerns the link between law and society. Briefly, this

connection may be expressed through the following lines:

a) the society is one of the structures of the international relationships;

b)the law constitutes the bone' skeleton of this structure (of society);

c) the law is the instrument through which is made the attempt to create a certain type of

society. This fact leads to some consequences:

- the law is a normative value, because it enunciates what ought to be, not what exists;

- the law is not a purpose by itself, it is an instrumental reality, vowed to the realization of a

purpose;

- with the modification of the aimed social purpose comes the modification of the law;

d) the law is an instrument of inter-subjective coordination able to ensure the co-existence of

inter-related liberties

2

;

e) the individual person has to respect the other's liberty

3

;

f) the law has to obtain wilful recognition from its subjects

4

;

g) through its influence upon the education of individuals, the law exerts a disciplining

function;

h) the law presents itself as a rational standard for the individuals' behaviour towards the

others; i) the positive norm makes use of a middle standard, due to the various cultural levels of

individuals; the standard's value should increase with the individuals' cultural level;

j) the state intervenes, especially through the functions of prevention, stimulation and

repression, within the law's realisation.

We think it is especially important to underline the fact that, in regard to their respective

appearances, the similarities between state and law are obvious. As in the law's case the appearance

1

For developments, see: Nicolae Popa, Teoria generală a dreptului, Editura All Beck, 2002, p. 159 and all owing;

Idem, op. cit., 2002, p. 220-23 6; I. Dogaru, D.C. Dănişor, Gh. Dănişor, Teoria generală a dreptului, Editura Ştiinţifică,

Bucureşti, 1999, p. 345-378; Gh. Dănişor, Teoria generală a dreptului, Editura Themis, Craiova, ., p. 189-233; I.

Dogaru, Dre pt civil român, Editura Eur opa, Craiova, 1999, p. 213-225; Collective (coor d. I. Dogaru), Ideea curgerii

timpului şi consecinţele ei juridice, Editura All Beck, Bucur eşti, 2002, p. 36-75.

2

Respectively, to obtain the highest possible level of freedom in a certain context, in the relati onship with the o thers,

that is to say within a certain type of society.

3

As he wishes for himself that his own freedom should be respected.

4

In other words, the y have to educate themselves, because the law's finality, consisting in attending the highest level of

freedom within relationships, may be reached especiall y through the individual's education.