Analysis of Jurisdictional Reasoning in the Legal Order in the Context of Doctrinal Reflections

The object of the present research is the analysis of jurisdictional reasoning in the legal order. Both institutions of higher education and the judgment courts resort to legal principles, their existence being taken for granted after centuries of legal evolution. I highlight the core of the doctrinal and normative approach to the scientific material by establishing the relevant sources from scientific and didactic-scientific works, which have approached jurisdictional reasoning among other things in the scientific, sociological, philosophical and pragmatic light. Understanding jurisdictional reasoning can improve both the quality of judicial acts and the legal education offered by the respective institutions. However, the jurisdictional reasoning is not just characterized by a static perception, which could be in danger of becoming obsolete, but more than that represents the evolution of society and its values, reflected in the judicial act itself through the accumulation of factors that have shaped it.

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Publication Details

Journal
Studii Juridice Universitare
Published
2024-11-01
DOI
https://doi.org/10.54481/sju.2023.2.14
Primary Topic
Legal and Regulatory Analysis
Type
article
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article

Analysis of Jurisdictional Reasoning in the Legal Order in the Context of Doctrinal Reflections

Mihai Poalelungi
Studii Juridice Universitare
Legal and Regulatory Analysis
article

Analysis of Jurisdictional Reasoning in the Legal Order in the Context of Doctrinal Reflections

Mihai Poalelungi
article en

Abstract

The object of the present research is the analysis of jurisdictional reasoning in the legal order. Both institutions of higher education and the judgment courts resort to legal principles, their existence being taken for granted after centuries of legal evolution. I highlight the core of the doctrinal and normative approach to the scientific material by establishing the relevant sources from scientific and didactic-scientific works, which have approached jurisdictional reasoning among other things in the scientific, sociological, philosophical and pragmatic light. Understanding jurisdictional reasoning can improve both the quality of judicial acts and the legal education offered by the respective institutions. However, the jurisdictional reasoning is not just characterized by a static perception, which could be in danger of becoming obsolete, but more than that represents the evolution of society and its values, reflected in the judicial act itself through the accumulation of factors that have shaped it.

Studii Juridice Universitare(2)
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Legal and Regulatory Analysis
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