Necesitatea codificării - percepută sau nu la nivel social?

Autor: ALBĂSTROIU, Roxana Gabriela, DUMINICĂ, Ramona Dumitru
Zdroj: Review of Juridical Sciences / Revista de Științe Juridice; 2012, Vol. 22 Issue 1, p212-222, 11p
Abstrakt: Law is a creation of the social body. However, the norm, once established, it tends to create patterns the individual must match. Depending on the compatibility of social consciousness with the normal reality, the latter is or is not observed. If the law's function is to express society values it regulates, the more this role is amplified within a Code. Codes, expression of the systematization and rationalization of law, have continued to evolve both substantially and formally with the changes occurred at the level of collective consciousness; in terms of their composition, are often felt the lines the politics, economics or religiosity have drawn so that legal reality the Code „describes” to be the transposition, as accurate as possible, of the social reality. Today, the purpose of the enactment is not always achieved as there are „laws that are stillborn” since reality is not found in the rule or the individuals do not consider the rules as ordering in respect of a real state of affairs and therefore they do not observe the rules and do not consider the norms as part of the legal system. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index