THE CONTRIBUTION OF LEGAL FORMALISM IN THE CHANGES OF THE ROMANIAN LEGAL SYSTEM PAST 1989

Mihai Lupu ()
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Mihai Lupu: Romanian Academy, Gheorghe Zane Institute, avmlupu@gmail.com, Iasi, Romania,

Journal of Public Administration, Finance and Law, 2015, vol. s2, issue Special issue 2, 142-149

Abstract: An analysis of what formalism means for the Romanian legal system in the transition from a totalitarian to a democratic state is proposed here. In democratic states, theorists and practitioners of law habitually ponder between formalism and realism. Formalism involves framing the general situation (for regulation purposes) as well as the individual one (in the application or enforcement of the law) on the rule of law. In realism, the point of departure is the situation and by complex interpretations of it, often exceeding its legal aspects, a resolution is being sought for, in the situation of apparent or explicit conflict, aiming at more than the implementation / enforcement of the law - namely an extra-judicial end. Although formalism promises to reinforce objectivity, too zealous applications of the principle can, especially in a disjointed regulatory system, be compromising to the very purpose of the law. The approach will be more theoretical, without excluding some possible examples of how the system works, whilst reminiscent of excessive formalism prior to 1989 practices of law.

Keywords: formalism; legal system; the goals of law; post-totalitarianism (search for similar items in EconPapers)
Date: 2015
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