The role of legal conceptualism in the technical construction of the law

• Author: Andreea Tabacu; Ramona Duminica
• Position: Faculty of Law and Administrative Sciences University of Pitesti, Pitesti, Romania - Faculty of Law and Administrative Sciences University of Pitesti, Pitesti, Romania
• Pages: 25-30

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

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

No. 2 (2012), pp. 25-30

25

THE ROLE OF LEGAL CONCEPTUALISM IN THE TECHNICAL

CONSTRUCTION OF THE LAW

R. Duminic, A. Tabacu

Ramona Duminic

Faculty of Law and Administrative Sciences

University of Piteti, Piteti, Romania

*Correspondence: Ramona Duminic, 71 Republicii Blvd., Piteti, Romania

E-mail: duminica.ramona@yahoo.com

Andreea Tabacu

Faculty of Law and Administrative Sciences

University of Piteti, Piteti, Romania

*Correspondence: Andreea Tabacu, 71 Republicii Blvd. Piteti, Romania

E-mail: andreea.tabacu@upit.ro

Abstract

In the case of any intellectual endeavor, such as lawmaking, there is the problem of

concept. The law is the result of thinking and it requires a high degree of standardization and

conceptualization. Thus, juridical conceptualism appears indispensable to the development of

laws.

Keywords: law, legal conceptualism, legal constructs.

Introduction

The process of thinking requires reflecting on various concrete phenomena through

the use of notions, concepts, reasoning which are all abstract. The law is seen as a whole

formed by legal norms, which show a high degree of standardization.

In order to create the legal norm, the legal drafter uses the resources of modern

language. Usual, everyday words change in nature once they are used in the text of a law,

becoming legal concepts. Their meaning forms an important part of the laws they help to

constitute.

1. The Notion of Legal Conceptualism

Legal conceptualism, which is defined in the doctrine as the “totality of intellectual

procedures used in the development and expression of juridical rules”

1

, is useful, even

indispensable to the construction of legal provisions. The concept cannot be separated from

the process of developing the foundation of juridical norms because their precision and

effectiveness need to reflect properly the realities which the law must regulate. This would

not be possible without the use of conceptual means

2

.

Concepts are essentially a means of grasping the dimensions of a social reality,

whereby we become aware of the general facts contained in reality. A juridical concept must

meet the following characteristics which are also mentioned in the recently published

1

D. C. Dnior, I. Dogaru, Gh. Dnior, Teoria general a dreptului, C.H. Beck Publishing House, Bucharest,

2008, p. 228.

2

Anita M. Naschitz, Teorie i tehnic în procesul de creare a dreptului, “Academiei Române” Publishing

House, Bucharest, 1969, pp. 255-256.