Original scientific paper
https://doi.org/10.3935/zpfz.69.4.03
Criteria for Defining and Systematizing Legal Principles in Higher Education and Science
Ksenija Grubišić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The aim of the paper is to investigate the criteria for a systematization and to determination of the legal principles of “university law and the law of scientific organizations”. In the research, the starting point is the two dichotomies of the legal system: the dichotomy of openness and closedness, and the dichotomy of the relationship between fact and value. Both dichotomies, presented in the context of different theoretical approaches, indicate the impossibility of defining generally accepted criteria not only for the systematization of legal principles, but also for their differentiation in relation to legal rules, as well as in relation to the principles and standards whose binding quality is often called into question both in theory and in practice.
Considering that an essential feature of legal principles is the mediation of fundamental values and a characteristic of substantive and numerical openness, the second part deals with the division of legal principles of “university law and the law of scientific organizations” with regard to the type of legal sources and the level of their normative concretization (explicit and implicit legal principles).
Keywords
guarantee of autonomy; dichotomy; explicit and implicit legal principles; normative concretization
Hrčak ID:
227078
URI
Publication date:
4.10.2019.
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