The jurisprudence. Formal law source

Bazil Oglinda ()
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Bazil Oglinda: Bucharest University of Economic Studies, Law Department

Juridical Tribune - Review of Comparative and International Law, 2015, vol. 5, issue 1, 120-129

Abstract: The importance of jurisprudential unification lies in the fact that the jurisprudential discrepancies existing in fields of general interest for society produce a state of uncertainty, which diminishes the public’s trust in the judicial system. In general, in the Romanian law system, jurisprudence (the juridical praxis), although it has been approached regarding the sources of law by Romanian scholars, they reached a common conclusion, in the sense that it is not a formal source of law. As far as we are concerned, as we will show in the subsequent developments, we do not share the diffidence manifested by the authors, generally, with regard to seeing jurisprudence as not a source of law, with the nuances and parantheses required. The modern trend was one of closeness and interconditioning between the two great law systems (the great Romano-Germanic system and the great common-law system), this is way we have to leave behind the prejudices and to see the fact that, in the Romanian judicial reality as well, jurisprudence has gained an increasingly significant role. In the next years, we believe that jurisprudence, by shaping general law principles, will be recognized as a main source of law.

Keywords: jurisprudence; law source; creator source of law; general law principles. (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2015
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