Despre scrisul juridic
03 01 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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Despre scris
03 01 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 un studiu de drept civil? Scurtă epistolă pentru neiniţiaţi
03 01 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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Dacă în drept ar funcţiona stilul epistolar…
03 01 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
03 01 2020
The honesty of an author consists in acknowledging and exploring the scientific precedents on which his or her research is based.
Keywords:
bibliography, honesty, legal practice, legal literature.
...
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Cum scriu
03 01 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
03 01 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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De ce, ce și cum scriem știinţific în lumea juridică?
03 01 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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Cum scriem?
03 01 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?
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Cum scriu? Cum călătoresc!
03 01 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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