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Antinomy

Author

Listed:
  • OTILIA MICLOSINA

    (the Prosecution in Court House Oravita, Romania)

Abstract

Legal systems are not necessarily coherent. Coherence represents an ideal of the law in force aimed at by both lawmakers and judges. It has a rational character and it is necessary for the application of positive law and for assuring justice and legal security. Within the legal system, considered as the internal law in force, flaws- antinomies- arise and they must be removed by the lawmaker or the magistrate with the help of specific techniques. Antinomy arises every time one case is susceptible to be given two or more different solutions. Therefore, considering the two possibilities, it can be solved in one way or another. The definition given by law to the concept of antinomy, the classification of antinomies, the ways for their identification, as well as the methods for their prevention are the issues approached by this paper

Suggested Citation

  • Otilia Miclosina, 2007. "Antinomy," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 30, pages 184-195, December.
    • Handle: RePEc:pmu:cjurid:v:30-31:y:2007:p:184-195
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj07/recjurid073_415F.pdf
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    More about this item

    Keywords

    coherence; antinomy; lawmaker; magistrate;
    All these keywords.

    JEL classification:

    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General

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