THE ROLE OF THE CONCEPTS OF „GENERAL INTEREST”, „PUBLIC ORDER”, AND „GOOD MORALS” IN THE INTERPRETATION OF THE LAW

This article explores the role of the concepts of „general interest”, „public order”, and „good morals” in the interpretation of the law, focusing on their theoretical underpinnings and practical applications. The study aims to provide a comprehensive understanding of how these principles function as fundamental guidelines for legislative and judicial decision-making, shaping legal frameworks and societal norms. The research employs a multidisciplinary approach, combining doctrinal legal analysis with a comparative study of jurisprudence across different legal systems. By examining key cases and legislative texts, the article identifies patterns in the application of these concepts and highlights their interdependence. The study also considers cultural, social, and political factors influencing the interpretation and evolution of these principles. The theoretical significance of the analysis lies in clarifying the conceptual boundaries of „general interest”, „public order”, and „good morals”, offering a nuanced perspective on their interplay within the broader legal context. Practically, the research highlights the importance of these principles in balancing individual rights with collective welfare, ensuring legislative stability and social cohesion. The findings demonstrate that while these concepts serve as vital tools for interpreting and applying the law, they are also susceptible to subjectivity and potential misuse. Therefore, the article advocates for clearer legislative definitions and consistent judicial standards to enhance predictability and legal fairness.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2025-05-01
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

THE ROLE OF THE CONCEPTS OF „GENERAL INTEREST”, „PUBLIC ORDER”, AND „GOOD MORALS” IN THE INTERPRETATION OF THE LAW

SHILAP Revista de lepidopterología
Judicial and Constitutional Studies
article

THE ROLE OF THE CONCEPTS OF „GENERAL INTEREST”, „PUBLIC ORDER”, AND „GOOD MORALS” IN THE INTERPRETATION OF THE LAW

article en

Abstract

This article explores the role of the concepts of „general interest”, „public order”, and „good morals” in the interpretation of the law, focusing on their theoretical underpinnings and practical applications. The study aims to provide a comprehensive understanding of how these principles function as fundamental guidelines for legislative and judicial decision-making, shaping legal frameworks and societal norms. The research employs a multidisciplinary approach, combining doctrinal legal analysis with a comparative study of jurisprudence across different legal systems. By examining key cases and legislative texts, the article identifies patterns in the application of these concepts and highlights their interdependence. The study also considers cultural, social, and political factors influencing the interpretation and evolution of these principles. The theoretical significance of the analysis lies in clarifying the conceptual boundaries of „general interest”, „public order”, and „good morals”, offering a nuanced perspective on their interplay within the broader legal context. Practically, the research highlights the importance of these principles in balancing individual rights with collective welfare, ensuring legislative stability and social cohesion. The findings demonstrate that while these concepts serve as vital tools for interpreting and applying the law, they are also susceptible to subjectivity and potential misuse. Therefore, the article advocates for clearer legislative definitions and consistent judicial standards to enhance predictability and legal fairness.

SHILAP Revista de lepidopterología
Universitatea Nicolae Titulescu din București (RO)
Peace, Justice and strong institutions
Openalex Percentile: Top 33%
Judicial and Constitutional Studies
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