Arhiva
Pagina 21 din 52
Să scrii ca un jurist
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I am interested in how jurists should write as jurists, and not as jurists performing a legal or judicial profession. Thus, in this article I shall present my own working method, which I try to use every time I stand in front of a blank page asking for its doctrinal legal text.
Read More
Cum scriem?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
The title of your topic may or not generate curiosity to read a text. There is an American joke saying that „Before writing a book, sell it!”. The same thing happens when you write a text. In order to get the attention of the reader you need to offer her or him an inciting topic, able to make her or him hope that will obtain useful information.
...
Read More
Cum scriem
Numărul 3 Anul 2020
Numărul 3 Anul 2020
The choice of a certain style of legal writing is not only ad professionis one, but one that depends much on our fundamental view towards the relation between rules and freedom. Therefore, I believe that a legal writing in a cultural environment oriented predominantly towards efficiency of rules reveals a certain lack of interest for the individual freedom, a statism concealed as pragmatism. The positivism, which is a lack of philoso...
Read More
Cum scriem?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
In my research activity, I have started, lately, to write only when I am really interested on a topic or when I believe that I have something to say about a certain issue. (…) (thus) I write only when I can answer, in advance, to three questions: What do I mean with what I write? What is the issue I have previously identified? and What answer do I have to that issue?
Read More
Cum scriu? Greu, dar și cu multă bucurie
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I had the intuition that a jurist-researcher must inter- and trans-discipline and, therefore, I read books (…) of institutional history, social history, political philosophy, economy and sociology. (…) I started to merge the positivist discourse with the cultural one, marked by inter- and trans-disciplinarity and by conceptual analysis. This way I was trying to break with the empiricism which is specifical to descriptive commentary...
Read More
„Scripturae soliloquiis”,
posibil răspuns la întrebarea „Cum scrieţi?”
Numărul 3 Anul 2020
posibil răspuns la întrebarea „Cum scrieţi?”
Numărul 3 Anul 2020
I never just „write”. I rather transcript a soliloquy, an internal dialogue that requires to be recorded, probably out of a vanity of the moment, which later may bring post festum regrets or, at least, benevolent self-ironies… Why? Simple, because our writings are considered as fragments of legal literature. The legal literature, by contrast with other written works, is, in certain legal systems, a formal source of law, while i...
Read More
De ce, ce și cum scriem știinţific în lumea juridică?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I read legal writings that are works of art, if you allow such a comparison. Buttoo few people read them if they do not solve a practical problem. Those whoapply the criteria I mentioned, and probably some other, they write, probably, for eternity. But I believe nothing is eternal (…) It is true thay there are long lasting principles and institutions that need to be know because we cannot build without foundation. But these n...
Read More
Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Because I want to communicate my ideas as briefly and clearly as possible, writing is laborious. Some problems are difficult or difficult to grasp, and in such cases I insist on them as long as it is necessary. I don’t lose patience and I don’t skip them superficially just to gain time.
Read More
Note asupra scrisului în condiţii de gherilă juridică
Numărul 3 Anul 2020
Numărul 3 Anul 2020
The point is to show that a text never says just one thing, as we were taught in our law schools, in the fi rst year, that meaning is something that is constructed, that the very texts we are reading and under whose power we live are and always have been battlefields, that behind them there are long histories of battles and conflicts, briefly, that legal interpretation is produced in a „field of pain and death”.
Read More
Drept și stil juridic. O plimbare publică printr-o pădure narativă (privată?)
Numărul 3 Anul 2020
Numărul 3 Anul 2020
A quarter delight, three quarters effort, frustration, insatisfaction and self-cricism, inconvenience and sleepless nights. (…) A good text is like the outcome of succesful hunting, it requires long wait, with patience and perseverence. I understood that there is not just one angle from which to look at the world, nor defined landscapes, but just images glimpsed through a moving window. I understood that (…) the stories...
Read More
Domnul Teo și profesorii de drept
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Every law professor writing about law is a Mr. Teo.
Keywords:
selection, interpretation, canon, fracture.
Read More
De ce prefer textele negociabile, nu textele de adeziune
Numărul 3 Anul 2020
Numărul 3 Anul 2020
The texts I write (and, in general, the texts that are written in law) are of two kinds: “negotiable” texts and texts “of adhesion”. (…) The texts written for “negotiation” have a different content from that which would have resulted if those texts had been written “for adhesion”. (…) Whoever the reader is, I examine the result of the agreement I propose to reach in terms of “degree of consensus”, not in terms of “assenting to an op...
Read More
Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Writing is as important for the discipline of an academic profession as is reading.But they are stages radically different, if not even opposed within the rhythm of academic life. A day that starts with going through bibliography, with checking sources or looking for the texts referred to by sources, or with reading texts which inevitably catch your attention, is a day which is lost for writing. Receptivity towards something new and cur...
Read More
Pagina 21 din 52
Follow
© 2025 Wolters Kluwer