APPLICATIONS STRUCTURALIST METHOD IN POSITIVE LAW

Claudia Andritoi ()
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Claudia Andritoi: Eftimie Murgu University of Resita, Romania

HOLISTICA Journal of Business and Public Administration, 2010, vol. 1, issue 1, 18-25

Abstract: The etymology of legal rights suggests different meanings, being multi-semantic, designate diverse hypostases and involved complex relationships. Therefore, the term derives from the Latin rectum, directum. This word relates accordingly to everything that is right - receiving thus the meaning of referral, guidance - and opposes to what is divergent from that line. Also in this context are to be mentioned different language ratios, but with more or less similar meanings as that term is seen as in other languages. In German, recht - sends us to gerecht - just and to gerechtigkeit - justice. Therefore, in conclusion the legal right is what is just. For subjective legal right it is used the term Berechtigung. In English, the right is designated as subjective and law is referring to the objective right. In French, the objective right is usually spelt with capital letters - Droit, and the subjective right is point out with lowercase letters - droit. Law is regarded as a system along with the applications structuralist method - the systematic regularity of knowing the organization and operation of the right as a system of social organization. The development of a theory of legal interpretation involves the building of a system of statements that constitute an explanatory model about something from exterior, i.e. to explain the field.

Keywords: the legal transplants; Law “crisis”; dualism – monism; ontological character (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2010
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