The general theory of law in the context of new realities particular to the 21st century

• Author: Daciana Gianina Ignuta
• Position: Lawyer in the Baroul Mehedinti
• Pages: 12-17

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

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

No. 1 (2020), pp. 12- 17

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THE GENEREAL THEORY OF LAW IN THE CONTEXT OF NEW

REALITIES PARTICULAR TO THE 21ST CENTURY

D.-G. IGNUŢA

Daciana Gianina IGNUȚA (BORDEA)

Lawyer in the Baroul Mehedinți

Correspondence: Daciana Gianina IGNUȚA (BORDEA), Agora University, 8 Piaţa

Tineretului Street, Oradea, Romania

E-mail: gianina.ignuta@yahoo.com

ABSTRACT

The general theory of law is source for every other branch of law. In the present

context, the general theory of law must incorporate new concepts particular to cognitive

psychology. The challenges posed by virtual environments require ethical clarifications.

Artificial intelligence, datism and algorithms are all factors that entail new regulations which

must be incorporated in the general theory of law.

KEY WORDS: law theory, state, philosophy

INTRODUCTORY REMARKS

The general theory of law is a component of juridical sciences that are tightly

interwoven with field specific juridical disciplines. I believe that is important to highlight the

role played by the general theory of law in shaping the future legal expert. Without a doubt,

this traditional area is a source for every other branch of law. Also, reflecting upon the

fundamental concepts and categories of values derived from it has been a constant

preoccupation of mine. Being aware that no answer can rise to the magnitude of its original

question, in this article I will try to provide an answer as well as to open a few new possible

directions for questioning within the general theory of law, directions that are directly

derived from the context of new realities offered up by the 21st century. I am aware, of course,

that there are overlaps between the philosophy of law and political philosophy. In order to be

considered a science a theory must be objective, universal and unbiased. In other words, a

theory about law can be scientific and general at the same time if it is successful in going

beyond the (i) particularities of each branch of law and (ii) the character of national laws.

Throughout time, this science of law has been known under 4 distinct designations

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:

a) juridical encyclopaedia or formal encyclopaedia

b) general theory of law

c) philosophy of law

d) introduction to law

It is well known that until the XIXth century, the general theory of law has been a

subdivision of the philosophy of religions, of ethics or politics. The general theory of law has

passed over to the juridical and became autonomous only during the XXst century.

The general theory of law must not be understood as a simple catalogue of norms and

juridical institutions, but instead, it should be viewed as a thorough, philosophical

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https://studentladrept.blogspot.com/2008/