Cum scriu
Numărul 3 Anul 2020
Try to explain things (the facts of a case, for example) as if the reader would know nothing about it, but also has not much time to read. Because of this, complicated things should be explained as simply as possible.
Keywords:
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Cum scriu?
Numărul 3 Anul 2020
Starting from the Latin saying scripta manent and the local proverb that „forgetting is human”, I find justified saying that what the great specialists of law – pleading lawyers or exceptional professors – affirm is at least useful to be written or preserved by other means of storing information.
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Să scrii se învaţă scriind!
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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Note asupra scrisului în condiţii de gherilă juridică
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”.
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Cum scriem?
Numărul 3 Anul 2020
I try (…) with variable success, to write by maintaining a necessary balance, inevitably fragile, between positive law and constitutional history/theory/sociology.
Keywords:
reflexive interdisciplinarity, branches of...
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Cum scriu un studiu de drept civil? Scurtă epistolă pentru neiniţiaţi
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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Cum scriu
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.
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Cum scriu? Cum călătoresc!
Numărul 3 Anul 2020
[F]or whom do we motivate the arbitral awards? To explain to the claimant why he won? To explain to the respondent why he lost? To protect the arbitral award against the risk of being annulled or not being enforced, by considering the mentality of the judges in front of which it will be brought? To create doctrine of private international law or international commercial law? To write good legal literature, with which to be associated over the...
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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?
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...
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