Arhiva
Pagina 21 din 54
Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I learned that memorials and legal opinions must follow the logic of a rigorous syllogism: major premise – minor premise – conclusion. Plus the obsessive concern for systematisation, the attention to the forest before concern for trees, the right separation of levels and perspectives and, above all, the supreme rule: as many details in as few words.
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You never walk (run) alone!
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Writing can be like running. You must practice every day if you want to run a marathon; if you want to write well, you must read enormously. When you are writing, you should always consider the reader. If writing is like running, remember to run along with your reader!
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„(În dragoste) totul s-a cam scris/ Și de mână și de tipar”
Numărul 3 Anul 2020
Numărul 3 Anul 2020
„… I mostly rewrite. Unlike in high school or during law school, when it was a sacrilege to cut even a single word I had written, now I am merciless in eliminating pages, if they don’t fi t the message I wish to send. (I notice that the LLM students have the same problem: they do not wish to cut certain parts of their thesis if I suggest them to do so). I often replace words, phrases, paragraphs, pages.”
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Cum scriu?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I think I write when I have something to say. It is an impetus of anyone concerned with law, with the world, with the way world and times change, of anyone who intellectually pursue the truth and the good. My goal for the text is to let the truth shine, bring the light to dissipate the darkness, bring clarity where everything is obscure.
...
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Writing as a judge is a more recent activity for me. I am still during the period of reflection concerning many aspects of this profession, among which the clear, convincing and concise expression of the arguments on which a judgment is based represents a personal priority. I noted for a long time the opacity of many written documents in the judicial world, in Romania and elsewhere. I also noted the differences in style between various types o...
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Dacă în drept ar funcţiona stilul epistolar…
Numărul 3 Anul 2020
Numărul 3 Anul 2020
It is not the same if you draft an acquittal proposal in a fi le where parties have settled (…) or if you draft an indictment which refers to numerous facts, more authors, which advance various defences that you need to address. Equally, it is not the same to present the facts in an order to the investigation department (which is familiar with the file) to complete the prosecution file or in an indictment based on which the judge decides on h...
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Să (de)scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
What is the image of an ideal article? I wrote here about article and not books because the article is like a short story. The precision and the consistency, the intelligence and the exuberance can be better seen in articles than in books. (…) The title must be so good that you make it into the searches in the data basis and search engines. It must be sophisticated also. How can you make it simple a...
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Scriem așa cum citim
Numărul 3 Anul 2020
Numărul 3 Anul 2020
When you manage to get closer different fields, the outcome is exponentially more valuable that bigot loyalty to a single style.
Keywords:
judge, judicial decision, case-law, review.
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Cum scriu un studiu de drept civil? Scurtă epistolă pentru neiniţiaţi
Numărul 3 Anul 2020
Numărul 3 Anul 2020
A study of private law should be written with the conviction, even with the wrong conviction, that it can change the way the legal literature and the case-law see that topic. What I want to underline is that the psycological state of the one who tries to demonstrate an idea counts as much as his or her intellectual capacity or the bibliography that he or she consulted. This state, which I would dare to call „of grace”, could be decisive for or...
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Să scrii se învaţă scriind!
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Every idea, every article is an experience, an exploration; you start without confidence or perhaps not much interest, as in every beginning, and once you realise that you are able to say something relevant, your written product takes shape; there are those moments, maybe minutes, which seem like small cracks or nuances in relation to which you might have a small contribution.
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Cum scriu?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Ideally, I think, for every judge is that the problem of the dispute be a complicated one and with a relevant stake, so that you can hope that the parties will be represented by well-prepared and good-faith legal professionals. Why? Because, in such a case, on one hand, your research work is made easier, and on the other hand, at the end of the dispute, you have that feeling of accomplished duty, of finding the truth (not only the judicial tr...
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Despre scris
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Maybe it’s because of this that I write: to understand what I read. I noticed that you realise whether you understood something only after trying to explain it to someone else.
Keywords:
legal literature, legal practice, pl...
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
The contract becomes a group work, reflecting the agreement reached by theparties. Sometimes this compromise, as well as the hurry in the negotiation of some provision before signing, result in imperfect formulations, whose future interpretation might trigger potential disputes. But these situations are specific to the dynamics of the transactions, in which, many times, the pressure to reach an agreement, after many tens of hours of neg...
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Despre drept și scrierea lui
Numărul 3 Anul 2020
Numărul 3 Anul 2020
By its very function and training, the notary is a man of legal „express”, of explicit formulations. (…) A seeker of the causal relation, who will never be able to detach from it. Although abstraction could help him, he ignores it, and prefers to look, confused, for the validity of the causal relation underlying the document he is drafting. He is easily afraid and take exaggerate precautions. His anatomy impedes creativity, so he prefers well...
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Despre scrisul juridic
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I belong to those who believe that all words, said or written, trigger the moral responsibility of the author. The words come from our inner writing and are meant to be printed in the mind of the reader. (…) The conclusion belongs to the reader, but exposing the reasoning is in the hands of the author.
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Pagina 21 din 54
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