EIRP Proceedings, Vol 1 (2006)

PROBLEME CONTROVERSATE PRIVIND TEHNICA ISTORICĂ ÎN INTERPRETAREA DREPTULUI

Ioan Huma

Abstract


In contrast with the thesis of the exegetic school that is of a dogmatic nature and according to which the spirit of law is the legislator’s will, the historic technique, that belongs to the critical attitude in considering the judicial phenomenon, must set the terms of the equation in their natural relation: the text of the normative act is to confess that will of the legislator which observes the spirit of law, it itself being configured in the justice axiologic principle.


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