Antinomy

Otilia Miclosina ()
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Otilia Miclosina: the Prosecution in Court House Oravita, Romania

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2007, vol. 30-31, 184-195

Abstract: Legal systems are not necessarily coherent. Coherence represents an ideal of the law in force aimed at by both lawmakers and judges. It has a rational character and it is necessary for the application of positive law and for assuring justice and legal security. Within the legal system, considered as the internal law in force, flaws- antinomies- arise and they must be removed by the lawmaker or the magistrate with the help of specific techniques. Antinomy arises every time one case is susceptible to be given two or more different solutions. Therefore, considering the two possibilities, it can be solved in one way or another. The definition given by law to the concept of antinomy, the classification of antinomies, the ways for their identification, as well as the methods for their prevention are the issues approached by this paper

Keywords: coherence; antinomy; lawmaker; magistrate (search for similar items in EconPapers)
JEL-codes: K30 (search for similar items in EconPapers)
Date: 2007
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