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Theoretical and Practical Issues of the Juridical Interpretations


Author: Coşman Eliza
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2018
Scientific adviser: Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

Term of presenting of the thesis 23 June, 2018

Abstract

Adobe PDF document0.48 Mb / in romanian

Thesis

CZU 340.13(043.3)

Adobe PDF document 1.33 Mb / in romanian
197 pages


Keywords

Law norms; normative text; juridical interpretation; the important value of the juridical interpretation; the creativity of the interpretation; the finality of the juridical interpretation; the communitarian purchase; the legislative harmonization. The study field: it is represented by the statute of the juridical interpretation in elaborating and enforcing the law

Summary

Theoretical and Practical Issues of the Juridical Interpretations", Law Doctoral Thesis; Specialty: 551.01 – Law general theory, Chişinău, 2018 Structure of the work: The work includes an introduction, four chapters followed by the synthesis of the results obtained, conclusions and recommendations, bibliography from 245 sources, 181 pages of main text. The results obtained are published in 10 scientific works. Key words: Law norms; normative text; juridical interpretation; the important value of the juridical interpretation; the creativity of the interpretation; the finality of the juridical interpretation; the communitarian purchase; the legislative harmonization. The study field: it is represented by the statute of the juridical interpretation in elaborating and enforcing the law. The purpose and objectives of the work. The current work has the purpose to research multilaterally the complex issues of interpreting the law, the design of an analytical route that could allow the opening of the issue core, the transfer from the particular case of the law interpretation to the analysis and the justification of its proximal genre: the juridical interpretation in general, the elaboration of a general theory, of the law interpretation. In order to achieve this, the following objectives were set: the consolidation of the conceptual base of the systemic integrative law interpretation starting from the theoretical contributions accredited in the field; the determination of the types, agents and sorts of the juridical interpretation regarded as a hermeneutic effort to decipher the letter and the spirit of the law; the emphasis of the interpretative principles that do not seem metaphysical entities but they are outlined gradually according to the epistemological demands of the juridical knowledge; the explanation of the interpretation techniques laid under the laws of the correct thinking that make up a specific juridical methodics; according to the logics regarded as a coherent ensemble of the thinking’s formal demands, the emphasis of the particular features of the juridical thinking, of the arguments used in knowing and interpreting the law; the determination of the important value of the juridical interpretation that results from the interaction between the purpose of the legislator and the finality of the law that is able to make the transfer of the law from the desirable virtuality of the prescriptions to their effective achievement; the settlement of the modalities and particular features in the interpretation of the national law having in view the globalization; the analysis, the systematization and the interpretation of the results appeared in the mentioned research; the presentation of conclusions and recommendations. The scientific novelty and originality consists in the fact that the thesis approaches the issue of the juridical interpretation from an obviously axiological perspective without which it is impossible to explain and to make the constructive – integrative function of the interpretation while enforcing the law. The scientific issue consists in the configuration of the main aspects related to the issues of the juridical interpretation in the theoretical plan and in the practical one, by emphasizing the relevant ideas in this field and the openings offered to the theory and to the practice in the law field. The work emphasizes an opening to the new significations acquired by the traditional concepts of the law at the same time with the changes of the society but also the elements that acquire relevance and offer new characteristics to the law and to the juridical interpretation. The applicative value of the work. The current work is a theoretical one but also a practical measure to render responsible the agents of the juridical interpretation. The implementation of the scientific results. The novelty elements, the critical approaches and the expressed recommendations open new research angles in the juridical science and in the institutionalized activity of law enforcement.