Contribuția lui Dumitru Drăghicescu la dezvoltarea filosofiei dreptului în România
Dumitru Draghicescu's Contribution to The Development of The Philosophy of Law in Romania

Author(s): Viorel Miulescu
Subject(s): Philosophy of Law
Published by: Universul Juridic
Keywords: Law; Ethics; Justice; Quality; Common Good;General Interest;
Summary/Abstract: According to Dumitru Drăghicescu, there is a close interdependence between law and ethics. The juridical life, either as an object of study or as a psychological field, cannot exist outside the moral notions which constitute the criterion for the analysis of acts. The purpose served by law is the attainment of good - the common good, the general interest. Such a result can be accomplished thanks to the idea of justice which entails the existence of the same level of freedom for everyone, not justice as a form of mechanical freedom, but as the equality realised among equals, standing in direct ratio to the amount of service and the level of necessity. Law and ethics are interconnected and complementary: law cannot exist without ethics just as ethics is crystallized in juridical formulas. Law and ethics tend towards a shared goal: ideally, all juridical principles should become as general as some moral principles, while all moral principles should attain the same level of certainty and necessity as the juridical laws.

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