AN UNCONVENTIONAL APPROACH TO THE VICTIMIZING EFFECT OF LAW AND ITS POSSIBLE INFLUENCES ON NATIONAL SECURITY - AN ANALYSIS OF THE ROMANIAN LEGAL SYSTEMJournal: Studia Securitatis (Vol.XVI, No. 1)
Publication Date: 2022-06-30
Authors : Valentin – Stelian BĂDESCU;
Page : 88-117
Keywords : National security; legal security; rule of law; criminogenic law; victimization theory;
We live in a world more legalized than ever, but more alien to the true spirit of the law than ever before! A hyper-formatted, hyper-normative, hyper-hierarchical universe of conformity and normativity has been created and seems to expand relentlessly, which provokes the fear of the individual and works according to a quasi-similar logic. It already encompasses and dominates important areas of society, such as business, administration, health, education, culture and institutionalized science in the letter and, above all, in the spirit of its data. The "normative" system says the law, decides a priori who is right, elaborates laws, administers and governs, establishes strategic guidelines, appoints in school, university or academy, guides the media, is everywhere and anytime. But the right it thus claims to express, by which it protects himself and ensures its reproduction is distorted to such an extent that, in order to avoid collapse, it becomes absolutely necessary to abandon it quickly and return to the idea and practice of true law! Especially in Romania, where, after the coup d'état of December 1989, the allogeneic, anti-Romanian state, traitor of nation and country, is waging a deaf fight against the Romanian nation, a criminal legislation, as we will see, which, due to its character they criminogenously affect national security, with the consequence of condemning the Romanian people to extinction! What to do? We began to answer such a question by referring to the new philosophers of law, such as the Frenchman J.J. Sarfati, in his work Redonner sens au mot “droit” , but also approaching, unconventionally, the victimizing effect of law, trying an analysis from the legal, economic, social and political point of view of the Romanian legal system. And here we have in mind a multitude of aspects generated mainly by the idea that there are strange epochs in the evolution of society, such as the current one, in which humanity seems to be entering a smooth dissolution. We believe that when it comes to the victimizing effect of law, it is necessary to keep in mind that, in the contemporary period, the role and impact of law on society must be viewed from a dual perspective: the positive, as a factor in ordering social relations (the most widespread and developed at the moment) and negative as a victimizing and criminogenic factor of its recipients, materialized by neglecting, ignoring or violating their rights and freedoms (scientifically ignored perspective).
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