The Role of the Concepts of „general Interest”, „public Order”, and „good Morals” in the Interpretation of the Law
Year: 2025
Type: article
Abstract: This article explores the role of the concepts of „general interest”, „public order”, and „good morals” in the interpretation of the law, focusing on their theoretical underpinnings and practical applications. The study aims to provide a comprehensive understanding of how these principles function as fundamental guidelines for legislative and judicial decision-making, shaping legal frameworks and societal norms. The research employs a multidisciplinary approach, combining doctrinal legal analysis with a comparative study of jurisprudence across different legal systems. By examining key cases and legislative texts, the article identifies patterns in the application of these concepts and highlights their interdependence. The study also considers cultural, social, and political factors influencing the interpretation and evolution of these principles. The theoretical significance of the analysis lies in clarifying the conceptual boundaries of „general interest”, „public order”, and „good morals”, offering a nuanced perspective on their interplay within the broader legal context. Practically, the research highlights the importance of these principles in balancing individual rights with collective welfare, ensuring legislative stability and social cohesion. The findings demonstrate that while these concepts serve as vital tools for interpreting and applying the law, they are also susceptible to subjectivity and potential misuse. Therefore, the article advocates for clearer legislative definitions and consistent judicial standards to enhance predictability and legal fairness.
Institution: Universitatea Nicolae Titulescu din București
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7033976368
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