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 REPERE ALE RAȚIONALIZĂRII NOILOR REALITĂȚI SOCIALE (D.DRĂGHICESCU)(Î.S. Tipografia Centrală, 2017-02-23) Mărgineanu, ValentinThe article analyses the opinion of the Romanian thinker Dumitru Drăghicescu, through a synchronic and diachronic approach. We believe that the basic dimensions of social reality through which the RM passes, at the moment and not only this country, can be identified in the works of other predecessors, whom with an unique wisdom and with a critical thinking, through the social context of concrete historical events, developed some systems of thinking that may be considered up to date and relevant, because were able to overcome the spirit of time. For any society, the rationality of social reality was important in explaining the phenomena and processes that occur. The same task was assumed by the Romanian thinker D. Drăghicescu, who through a balanced approach between the border areas, had managed to develop an organized and logical system in reference to the social complexity and its different dimensions.Item COLECTIVITATEA SOCIALĂ ȘI INDIVIDUALITATEA UMANĂ ÎN VIZIUNEA LUI CONSTANTIN STERE(CEP USM, 2020) Mărgineanu, ValentinThe article contains the discussion about the relevance of concepts of C. Stere. The essential dimensions of this article valorizes the political-legal and social organization doctrine outlining the logic of analysis and ideas of the Romanian thinker. Evoking the concept of populism, as a dominant concept promoted in the writing of the thinker, but also relevant dimensions of the ways of social organization based on the co- operation between individuals, in the general interest, as well as the human personality development while complying with their constitutional rights.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.