INTERPRETATION OF THE LEGAL NORM. APPLICATIONS OF THE PRINCIPLE UBI LEX NON DISTINGUIT, NEC NOS DISTINGUERE DEBEMUS

Camelia Ignatescu ()
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Camelia Ignatescu: Stefan cel Mare University of Suceava

European Journal of Law and Public Administration, 2017, vol. 4, issue 2, 41-49

Abstract: The connection of casual reality to legal norm is complex and any legal solution implies a particular reasoning. The interpretation of law involves a legal methodology capable of providing specific methods of interpretation, with its own rules. One of the rules of logical interpretation is expressed by the principle "ubi lex non distinguit, nec nos distinguere debemus", ie "where the law does not distinguish, nor the interpreter must distinguish" or, in other words, the generality of the formulation of a legal text leads to generality of its application, without being able to make distinctions to which that text does not refer.

Keywords: principle; logic interpretation; application of the legal norm; ubi lex non distinguit; nec nos distinguere debemus (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:4:y:2017:i:1:p:41-49

DOI: 10.18662/eljpa/12

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