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The Human purpose of the juridical values


Author: Ichim Radu Gabriel
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2019
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 7 June, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.75 Mb / in romanian

Thesis

CZU 340.13(043.3)

Adobe PDF document 2.09 Mb / in romanian
209 pages


Keywords

social value, juridical value, social cultural value, moral religious value, general human values, the axiological law dimension

Summary

The structure of the thesis is the following: Introduction, three chapters, general conclusions and recommendations, bibliography from 252 Titles, 182 Pages basic text. The results obtained have been published in 13 scientific papers, the total volume of the publications is of approximately 5,37 c.a.

Study field: General Theory of Law.

The aim and the objectives of the present thesis: The paper has as its aim the conceptualisation of the human purposes of the juridical values at the current stage of reforming the juridical system, of developing a democracy of surpassing the juridical nihilism and of solving the issues related to the general and individual level of the juridical culture and consciousness of the people. The achievement of the intended aim supposes the accomplishment ofthe following objectives: the definition of the concept of juridical value and the identification of their place and role in the system of the hierarchy of the general human values; the analytical presentation of the functions of the juridical values and of the classification criteria; the determination of the value basis of law in defending the individual and collective interests; the reveal of the role of the juridical values in simplifying and improving the quality of law on this contemporary stage; the approach of the unity in diversity of the juridical values with the moral religious values; the conceptual analysis of the juridical values facing the challenges of globalisation and of the accomplishment of the rights and freedoms of the person and of the citizen; the establishment of the suggestions of completing the juridical doctrine with categories and concepts, which could impose a characteristic of permanency and stability of the system of juridical values.

The scientific novelty of the results obtained is determined by the aim and the objectives, derived from the way of approaching the issue, from the nature of the research object itself. Thus, the scientific novelty is represented by the fact that in this paper is accomplished the theoretical juridical research of the values, applicable to the contemporary state, of the rule of the law under the conditions of the consolidation of democracy and of the edification of the civil society. In this paper is suggested an original approach of understanding and acknowledging the role of the juridical values (constructive axiology), which allows the valorisation of law under its quality of the strongest and the most efficient factor of influence on the juridical, moral and spiritual culture of the society.

The solved scientific issue consists in the elaboration of the instrument of identification and scientific basis of the system of juridical values as a human purpose of law, fact which determines their enhancement within the spiritual dimension of the general human values, and consequently the development of a constructive axiology, theory which leads to the classification and to the refinement of the unity, of the cohesion, of the balance and of the development of the "unity in diversity" system of the juridical values.

The theoretic deductions formulated in this paper will contribute to the development of the General Theory of Law, especially the study about the juridical values and the research of the law as a social value. These one lead to the formulation of an optimal model of the system of juridical values. The conclusions and the recommendations formulated in the thesis will allow the development of some directions in the science of values, law and practice. These ones, at their turn, will determine the review of the traditional opinion at the implementation of the juridical values in the social actions of the people.

The applicative value of the present thesis. The analysis, the conclusions and the recommendations from the content of the thesis which are related to the issue of the understanding of the term of value, social value, juridical value, of the relations between them, create a certain theoretic and practical basis which will contribute to the changing of the opinion concerning the role and the place of the juridical values in the traditional system of the juridical values.

The implementation of the results obtained: on a theoretic scientific level as supplementary material for a more complex understanding of the phenomenon of the juridical values within the general human values; on a didactic scientific level, when teaching the TGD course, the theme "Law and the social values"; on a normative legislative level, at the achievement of the process of elaboration and application of law, the juridical values being the support for this course.