JUDICIAL PRECEDENT, A LAW SOURCE
The role awarded to judge varies from one legal system to another. In the Anglo-Saxon legal systems, there is not a self-standing legislative body, so the judge is the one who creates the law; his mission consists in solving a specific case, given the existing judicial precedents; if he cannot find...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2017-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_004.pdf |
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| author | Elena ANGHEL |
| author_facet | Elena ANGHEL |
| author_sort | Elena ANGHEL |
| collection | DOAJ |
| description | The role awarded to judge varies from one legal system to another. In the Anglo-Saxon legal systems, there is not a self-standing legislative body, so the judge is the one who creates the law; his mission consists in solving a specific case, given the existing judicial precedents; if he cannot find an appropriate rule of law, he has to develop one and to apply it. In the continental system, creation of law is the mission of the legislature, so the creative role of jurisprudence still raises controversy. Evolving under the influence of Roman law, the continental law systems differ from the Anglo-Saxon by: the continuous receiving of Corpus iuris civilis; the tendency to abstraction, leading to the creation of a rational law; the rule of law, with the consequence of blurring the role of jurisprudence. Underlining the creative force of jurisprudence, Vladimir Hanga wrote: "The law remains in its essence abstract, but the appreciation of the jurisprudence makes it alive, as the judge, understanding the law, taking into account the interests of parties and taking inspiration from equity, ensures the ultimate purpose of the law: suum cuique tribuere”. |
| format | Article |
| id | doaj-art-91ba7571b14546d48b2f7799d03613d3 |
| institution | DOAJ |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2017-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-91ba7571b14546d48b2f7799d03613d32025-08-20T02:58:44ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962017-05-017-364368JUDICIAL PRECEDENT, A LAW SOURCEElena ANGHEL0Lecturer, PhD Faculty of Law, "Nicolae Titulescu" University of BucharestThe role awarded to judge varies from one legal system to another. In the Anglo-Saxon legal systems, there is not a self-standing legislative body, so the judge is the one who creates the law; his mission consists in solving a specific case, given the existing judicial precedents; if he cannot find an appropriate rule of law, he has to develop one and to apply it. In the continental system, creation of law is the mission of the legislature, so the creative role of jurisprudence still raises controversy. Evolving under the influence of Roman law, the continental law systems differ from the Anglo-Saxon by: the continuous receiving of Corpus iuris civilis; the tendency to abstraction, leading to the creation of a rational law; the rule of law, with the consequence of blurring the role of jurisprudence. Underlining the creative force of jurisprudence, Vladimir Hanga wrote: "The law remains in its essence abstract, but the appreciation of the jurisprudence makes it alive, as the judge, understanding the law, taking into account the interests of parties and taking inspiration from equity, ensures the ultimate purpose of the law: suum cuique tribuere”.http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_004.pdfjurisprudenceprecedentcontinental law systemcreator roleanglo-saxon law system |
| spellingShingle | Elena ANGHEL JUDICIAL PRECEDENT, A LAW SOURCE Challenges of the Knowledge Society jurisprudence precedent continental law system creator role anglo-saxon law system |
| title | JUDICIAL PRECEDENT, A LAW SOURCE |
| title_full | JUDICIAL PRECEDENT, A LAW SOURCE |
| title_fullStr | JUDICIAL PRECEDENT, A LAW SOURCE |
| title_full_unstemmed | JUDICIAL PRECEDENT, A LAW SOURCE |
| title_short | JUDICIAL PRECEDENT, A LAW SOURCE |
| title_sort | judicial precedent a law source |
| topic | jurisprudence precedent continental law system creator role anglo-saxon law system |
| url | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_004.pdf |
| work_keys_str_mv | AT elenaanghel judicialprecedentalawsource |