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The Legal Behavior and the Justice


Author: Mihail Poalelungi
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2006
Scientific adviser: Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 7 March, 2006
Approved by NCAA on the 27 April, 2006

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Thesis

CZU 340.12

Adobe PDF document 1.13 Mb / in romanian
203 pages

Keywords

legal state, legal behavior, justice, action, fact, activity, forms of legal behavior, execution of legal regulations, exercitation of law, observance of legal regulations, application of law, legal behavior and mechanism of the realization of law, human attitude towards the legal regulations, conformist behavior, illegal behavior, indifferent behavior, law fact, social regulations, legal regulation, legality, law, primacy of law, unity of law, opportunity of law, realization of legality, society, social order, legal order, law, public law, private law, legal values, human rights and freedoms, equity, political pluralism, supreme and guaranteed values, legal conscience, legal principles, principle of power separation in a state, free access to justice, legal behavior in private law, private property, Constitution of the Republic of Moldova, constitutional legality, subjects’ behavior during the realization of justice, judicial instances’ behavior, mechanisms of maintenance of legality and of legal order, judicial responsibility, constitutional control, ombudsman, judiciary control, administrative control

Summary

The main objective of the investigation presented in this dissertation consists in the researching the judicial phenomenon of edification of the state of right, seen from the point of view of the legal behavior and justice.

The objective found in my theoretical ideas pursued the formation of a unitary concept of the legal behavior as a fundamental concept of the right, and its relationship with the justice. From this point of view and through a bi-dimensional analysis of the subject – legal behavior and justice – I tried to make a clear difference between these two phenomena that complete each other without any contradiction, which are definitely interdependent.

Each investigation is made in a definite way. Thus thanks to using a bright set of methods – some of them being general, other specific – I changed the research model, and thus also the investigation’s results, because thinking without any particular method often is not appreciated, even sometimes it’s benefic for the society.

The methodological and scientifically theoretical basis of the undertaken researches is formed by some textbooks of theorists in the field of the right and other subjects related to it, both from our country and from other countries, stressing out the international legislation like the European Convention for the Protection of Human Rights and Fundamental Freedoms as well as other internal conventions and the Constitution of the Republic of Moldova.

The methodological and scientifical basis of the present investigation, the various methodical analyses show the complexity of the research’s analysis and is considered to be more receptive in the process of studying the unknown areas of the mentioned phenomena.

I researched the general problems of the legal behavior and justice from two points of view: theoretical and practical, just to stress out the liaison between theory and practice, and to show the importance to go from the theoretical to the practical problems.

The scientifical innovation of the present research consists in writing the first complex study in the Republic of Moldova about the legal behavior and the relationship between the legal behavior and justice as an indispensable part of the rightful order, and its importance in the edification of a state of right.

I started from the idea that no science can exist by itself because the theoretical progresses can appear only if ideas are compared and contrasted with each other. This helps then to fill out the existing goals in the juridical doctrines.

In order to continue the efforts of various jurists, philosophical and other kinds of scientists, the present research is the first try to make an analysis with some methodological, analytical, practical, and pragmatic expectances, taking into consideration the social determinism, and to set up the bases for a indispensable relationship between the legal behavior and the justice.