Facultatea de Drept / Faculty of Law
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Item REFLECȚII PRIVIND DREPTATEA ȘI ECHITATEA(CEP USM, 2024-11-07) Mărgineanu, ValentinIt is demonstrated that justice and equity are not just legal categories, but have a pronounced social and ethical character, which is why the law cannot monopolize justice and equity. Through the lens of these categories, an external assessment of the state’s actions and the content of the law is carried out. The main ways of conceptually approaching of justice and equity are analyzed. The idea that fundamental human rights can only be realized through justice and equity is upheld. A distinction is made between legal justice, social justice and individual justice. The concrete forms of expressing the justice and equity are examined in the positive national law of the Republic of Moldova.Item DIMENSIUNEA RAȚIONALĂ A DREPTULUI ŞI DREPTURILOR DIN PERSPECTIVA LUI MIRCEA DJUVARA(CEP USM, 2021-12-08) Mărgineanu, ValentinThe article proposes a comprehensive analysis of the problem of rationality of law and rights as conceived by the great Romanian thinker, philosopher and lawyer Mircea Djuvara during the interwar period. In this context, the thinker’s views on the rational foundation of the legal phenomenon, the foundation of positive law through its reference to rational law, the formulation of logical principles of legal knowledge, the demonstrati- on of the indispensability of rational law in legal systems are presented and analyzed. The common logical structure and common ethical foundations of law and morality, which in fact served as the basis for the formulation of the concept of rational law, are analysed. The mechanism of formation of general legal rules, which form the content of rational law, is identified. It also argues the implications of rational law both in the process of lawmaking and in the process of applying the rules of positive law.