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CNAA / Theses / 2018 / June /

Legal order social dimension of the right


Author: Robea Mariana
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: Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova
Institution: Chisinau Pedagogical State University "Ion Creanga"

Status

The thesis was presented on the 22 June, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.55 Mb / in romanian

Thesis

CZU 340.1(043.3)

Adobe PDF document 1.39 Mb / in romanian
188 pages

Keywords

legal order, legal system, rule of law, public order, social order, moral order, legal order

Summary

Thesis structure:Introduction, four chapters, general conclusions andrecommendations, 164 pages of main text, bibliography of 213 titles. The results were published in 8 scientific papers. Total content is about 4,5 a.s.

Field of study: General Theory of law Aims and objectives of this thesis is to study the multilateral and complex category of the legal order, synthesizing the opportunities of social sizing of the right through the legal system and on its basis to identify and define the legal system.Also highlighting the correlation of the legal order with other categories of legal system, lists all with relevant social impact. The objectives considered are: analysis of the legal order concept in social relations, including legal doctrine; the identification of the normative mechanisms through which legal order exercise a social impact on the right; determining the meaning and the legal load of legal order category; defining the legal system as legal category and normative layer which legitimizes the legal order public; the delimitation of the legal system from the rule of law, state order, the European legal order, the international order, legal order.

The Scientific novelty and originality is determined by the purpose and the objectives of the thesis. Through the topic and the manner of analysis, the paper constitutes a legal environment from Romania and Moldavia a work with a strong novelty. That said, we believe that the study is original to the General Theory of law.

The Scientific problem solved is the scientific substantiation and the assignment of social grade to the legal system, which emphasizes the social dimension of the law, resulting the clarification of the legal order category in society, establishing the impact that exercises the legal order together with the rule of law, law public, state order, EU law, international law, legal order.

The Theoretical meaning of thesis resides in the definition of legal order concepts, rule of law, judicial order, the theoretical approach of the correlation between law and social order, law and order judicial, state of the European Union and international.

Practical value: the scientific ideas and conclusions can be used in doctrinal- theoretical level starting as initial material for a deeper approach of the legal system categories, social order, rule of law.In the university teaching process in the General theory of law, Constitutional law, European Union law, and the development of a special course "Legal order and its social impact"; in normative-legal plan to achieve the development and modification of certain legislative measures.

The Implementation of scientific results. The thesis conclusions, the innovations are made in the studies teaching the course General Theory of Law at ULIM, as well as conceptual ideas to the setting up of the bill regarding the legislative measures, being exposed as well in the communications at international and national conferences and scientific articles published.