Articole din categoria: Numărul 3

Scriem așa cum citim
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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De ce, ce și cum scriem știinţific în lumea juridică?
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...
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Prima frază
Numărul 3 Anul 2020
I write not only about law but in writing about law I also write about myself (a self who knows that in writing about law she also writes about herself). As such, my text will almost always be doubly marked by identity. Keywords:
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Să (de)scriu
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 and sophisticated? By knowin...
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„Scripturae soliloquiis”,
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...
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Cum scriu
Numărul 3 Anul 2020
I must read everything was written before I start writing. (…) In the legal field, every word counts. Keywords: dialectical triad thesis-antithesis-synthesis, bibliography, decision of the European Court of Human Rights, s...
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Dacă în drept ar funcţiona stilul epistolar…
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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Cum scriu? Greu, dar și cu multă bucurie
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...
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Cum scriu o hotărâre?
Numărul 3 Anul 2020
Any judicial decision is a narrative, a story about finding the truth. The search for the truth is a difficult task, since the pieces of evidence, regarded as the signs that the facts have left, seldom tell us a unique and coherent story. The interpretation of the law is no easier task, either; from all the interpretation methods available, I choose the literal interpretation over the teleological one, as it saves me from the pitfalls of my own...
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Cum scriu
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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