Customs of the Roma people - A source of law?

• Author: Elena Paraschiv
• Position: Faculty of Law and Public Administration, The Law Department, Spiru Haret University, Ramnicu Valcea, Romania
• Pages: 34-38

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No.1 (2012), pp. 108-112

108

CUSTOMS OF THE ROMA PEOPLE –

A SOURCE OF LAW?

E. Paraschiv

Elena Paraschiv

Faculty of Law and Public Administration, The Law Department

Spiru Haret University, Ramnicu Valcea, Romania

*Correspondence: Elena Paraschiv, 30 General Magheru St., Ramnicu Valc ea, Romania

E-mail: bnp_elenaparaschiv@hotmail.com e.paraschiv.dvl@spiruharet.ro

Abstract

Relations between people are regulated by juridical norms whose application is

achieved by th e force of sanctions stipulated in them. The Roma people communities, except

the statal laws, must also respect certain specific rules, as they may be judg ed by the Stabor

for violating them.

Key words: custom, traditions, Roma people, Stabor.

Introduction

Since the historical beginnings of mankind, the human communities es tablished

certain norms of con duct of a public organizational, religious or moral nature. Without

respecting them, their cohabitation would have been extremely difficult, situation wh ich is

also found in the Roma people collectivities, which over time established their own set of

conduct rules, whose application is realized by specific means.

General considerations regarding the role of customs as a sourc e of law

Analysing the sources of law, two acceptions were highlighted: source of law in a material

sense and source of law in a formal sense.

1

.

The material sources represent sources of the substance of juridical norms and are factors of

time and space, philosophical, moral and religious principles, social facts which condition the

orientation and law

2

, in the juridical domain, the expression “material source” suggesting social

conditions that determine the appearance and the content of juridical norms from a certain society.

The formal sources of law are those forms, procedures and solemn documents by which

these norms obtain their validity, forming the positive right.

The notion of material source answers to the question “who creates the law?”, and that of the

formal source answer the question “in what way and form are the juridical rules created?”

The totality of juridical norms, regardless of their form of expression (written laws, customs,

principles, jurisprudence, normative contract), constitutes the positive right, which is ensured and

guaranteed by the state

3

, aiming at organizing and forming the human behaviour, in a climate

1

Mircea Djuvara, Teoria general a dreptului. Drept raional, izvoare i drept pozitiv, All Beck Publishing,

Bucharest, 1999, p. 306; Sofia Popescu, Teoria general a dreptului, Lumina Lex Publishing, Bucharest, 2000, p.

143; Nicolae Popa, Teoria general a dreptului, All Beck Publishing, Bucharest, 2002, p. 173; Ion Craiovan, Tratat

elementar de teoria general a dreptului, All Beck Publishing, Bucharest, 2001, p. 223.

2

Sofia Popescu, Introducere în studiul dreptului, UNEX-AZ – University Complex, Bucharest, 1991, p. 190.

3

Constituting the essence of right, the general will, made official by obligatory norms of behavior (thus becoming

juridical will) is expressed by laws which are defended by the state (See in this sense Nicolae Popa, [

1

], p. 63).