The STUDIA UNIVERSITATIS BABE┼×-BOLYAI issue article summary

The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.

 
       
         
    STUDIA IURISPRUDENTIA - Issue no. 1 / 2010  
         
  Article:   OUTSIDE THE NORM. FEAR OF NUMBERS / HORS NORME. LA HANTISE DU NOMBRE.

Authors:  EMILIAN CIOC.
 
       
         
  Abstract:  The ever growing complexity of practices and normative institutions came to a point where a certain disorder is almost self-evident. Disorder that questions the very foundations of the rule of law, dependent as it is of predictability and juridical security. Introducing a double principle of analysis and subsequently involving two series of documents and readings, the paper argues in favor of a distinction between normative disorder and disorder of the normative. If the quantity, through its privileged rhetoric and instrumental feature (i.e. the numbers) is relevant to a certain extent for the normative disorder, we still have to investigate the decline of normativity referring to the norms themselves. All the more so that measures taken to simplify and reinforce the law could not be considered as significant for the rehabilitation of normativity. Thus, a renewed conception of law and its normative performance involving the normative fact emerges.

Keywords : normative disorder, normativity, hegemony, rule of law, law simplification
 
         
     
         
         
      Back to previous page