Contribuții românești la dezvoltarea filosofiei dreptului în ultima sută de ani - Vălimărescu, Ionașcu, Pandrea, Drăghicescu, Speranția, Djuvara
Romanian Contributions to the Development of the Philosophy of Law Over the Last Hundred Years - Vălimărescu, Ionașcu, Pandrea, Drăghicescu, Speranția, Djuvara

Author(s): Mihai Bădescu
Subject(s): Philosophy of Law
Published by: Universul Juridic
Keywords: philosophy of law; law; moral; normative; legal encyclopaedia; the right of society to punish.
Summary/Abstract: In the last hundred years, starting with the year of the fulfillment of the forever dream - the union of all Romanians - and the exertion of our country’s sovereignty for the first time, both internally and externally, among the incontestable Romanian achievements in the fields of politics, poetry, prose, criticism, mathematics, medicine, philosophy and history, philosophers and jurists, prominent representatives of Romanian creativity, have made themselves noticed. The Romanian philosophers of law, during the period mentioned, were numerous. The space allocated to this study can not encompass all (or most of them). Through this paper, we want to highlight the ideas, conceptions, theories of the Romanian authors, their real contribution to the development and affirmation of the philosophy of law in the attempt to explain and evaluate the principles on which one of the major dimensions of human existence is based: the normative dimension (ethical and juridical). To the consistent questions about the basis, the role and the importance of the law in society, the Romanian authors have found relevant, well-reasoned answers. What is the Encyclopedia of Law? What is the relationship between the Encyclopedia of Law, the Philosophy of Law, and the General Theory of Law? What is the law? What is the relationship between norm and normativity? But between subjective right and objective right? Is it, as Jhering said, a kind of "Horn head" of the philosophy of law, the relationship between law and morality? What are the coordinates of the modern doctrine of punishment? These fundamental questions were answered, among others, by Alexandru Vălimărescu, Traian Ionaşcu, Petre Pandrea, Dumitru Drăghicescu, Eugeniu Speranţia, Mircea Djuvara.

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