Open AccessAre urgența regulile ei?
Author(s) -
Radu Rizoiu,
Universitatea din București Facultatea de Drept
Publication year - 2020
Publication title -
forum juridic
Language(s) - English
Resource type - Journals
ISSN - 2734-7524
DOI - 10.31178/aubd-fj.2020.1.03
Subject(s) - dialectic , ruler , state (computer science) , law , law and economics , order (exchange) , rule of law , political science , perspective (graphical) , sociology , computer science , epistemology , business , philosophy , artificial intelligence , algorithm , physics , quantum mechanics , finance , politics
The paper reopens the famous dispute on the ‘state of exception’ from a citizen’s perspective. Is the rule-giver immune to the rule he enacted? The finding is that the rule should be observed by the ruler in the first place in order to give an example to the others. Also, it is explored the dialectic tension between the self-respecting rules and rules that needs to be sanctioned by the State’s agents. While no rule could be placed in one single category, it is the right combination between drafting rules easy to comply with and imposing penalties proportionate with the infringement that will ensure a stable legal system.