The Jurisprudence as a normative source in the assessment of judicialized family conflicts

Abstract

The judicial practice in a democratic and social state under the rule of law is an element of reference. This makes it easier to evaluate the context of social life in a country, in particular, it makes it possible to detail the level of efficiency of the normative system in judicial practice in dealing with social conflicts. However, on the national socio-family level, the high subjective contexts and the broadness of reference elements condition judicial practice, they limit the applicability of normativity; and, thus, they impair the scope of jurisprudence as a normative source which reduces the predictability and efficiency of a judicial judgement.