If law no negotiation?

Without any context, a person with popular affinities, told me: “If law, no negotiation”. Accustomed with the documentation, I’m looking for the source. The first stop suggested by Google is an education project against criminality held in the high schools the last year. We are but between us now, let’s not delude ourselves… In real life if there is law, there is negotiation. There is more negotiation, more than anywhere, I think. When a law is made, the negotiation is at its home, in Parliament, where it is discussed in all the possible ways. The laws are the result of political negotiations. Once brought into the underworld, the law is at the basis of contracts, which are concluded by a volitional agreement, as it is approved as a result between the parties, who strive to agree on contract terms which capture the best their different interests. When disagreements arise in connection with the text law, the negotiation with lawyers is the first step, then the dispute at the court follows, if not a blessed mediation ends up the litigation by a well-earned negotiation. At the collective labor contract, clean source of labor law, nor do I want to think about… with what kind of pain it is born, slinking its text among the rough negotiations of the social partners…

The conclusion: if there is law, there is negotiation in the whole law!

The bad news for the ones who think that where there is law there is negotiation, comes when the law shall be applied: here if law, no negotiation!

Andrei SAVESCU

 

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