IDEOLOGICAL JUSTIFICATION OF THE AUTHORITY OF LAW IN EUGENIU SPERANTIA’S VIEW

Mihaela-Ioana Teaca

FIAT IUSTITIA, 2015, vol. 9, issue 1, 155-164

Abstract: The entire development of a state involves carrying out activities that can be reduced with a view to the existence and validity of an appropriate legal order. The Legal Order serves the maximum possible sociality of a community which produces its rules making allowance to its social and legal requirements. The state serves the nation by Law and the progressive development of the state is a law of the evolution of Law itself. Law, as an aspect of human life, was under the dominion of natural, unwritten, common laws. As a particular aspect, the life of Law shall be governed by special laws, derived from general ones, but focused on the conditions of reality, because the life of Law has specific laws of evolution. The changes in society and the social events are identical with the evolution of living organisms, and because Law is an emanation of life and a living process, any development and differentiation is a natural law that applies to it. Eugeniu Sperantia assumes that truths are of two kinds: those established bytheoretical judgments and those observed by value judgments. Value judgments can convert to imperatives and imperatives can be considered value judgments that undergo a special conversion. The legal norms, being imperative, imposed themselves as they meet the legal requirements of society, demonstrating logical consistency with certain principles and legal norms, recognized and adopted by individuals. The coercive conditions implied by the intervention of the social force, the sanction and the threat are the socio-ideological requirements of the Law’s mandatoriness. The social authority of Law depends on the justification of its structure, regardless of justice or of the absolute concord with the way of its consideration within society. The Legal Order as a whole may appear as justified or not justified in its existence, according to the power that it emanates.

Keywords: law; evolution; norms; justice (search for similar items in EconPapers)
Date: 2015
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