Analiza conexiunilor dintre drept și morală, între tradiție și actualitate
Analysis of the connections between law and morals, between tradition and contemporaneity

Summary/Abstract: This paper analyses the concepts of three great Romanian thinkers, theoreticians and philosophers of law – A.D. Xenopol, M. Djuvara și E. Speranția – on the relations between law, morals and manners, in order to discover the differences in method and substance between them, to identify the practical implication in the field of performing justice and law-making. Being trained and positioned in the core of the European juridical culture of their time, they reviewed the relations between law and morals, in a rationalist and humanist way, substantiating the need for the law to follow morals, having a historical and at the same time practical view of ethical principles, as well as law-making. Thus, they leave room to the expression of basic human rights and freedoms in a democratic judicial order, while the rules of law subordinating morals and manner proved to be widely open to totalitarianism.

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