Dorin David: “Jocul”,”The Game”;”Amicul meu”, “My Friend” Mircea Popa : “Doctoratul”;”PhD” Anton Sebastian Floratiu “Alte cateva zile din cartea Bundrenilor”; “A Few more Aspects from Bundreni’s Book” Dumitru Huruba “Stimata Doamna si destinsa”; “My Dear and Relaxed Lady” Viorel Florin Costea “Amar,amar”;”Amar, Amar”
More...Keywords: Machiavelli; romanian culture; first translation; romanian space;
Comment Machiavel est-il entré dans la culture roumaine, comment a-t-il été reçu? La réception roumaine de l’oeuvre du secrétaire florentin est analysée, tout au long du XIXe siécle, au niveau des commentaires, des reprises, des traductions et du vocabulaire. Sur un premier volet la lecture roumaine de Machiavel reprend les grandes lignes du débat européen sur la question. Cité, repris ou traduit surtout de maniére parémiologique, Machiavel est engagé dans la dispute politique roumaine de I’époque et il est également appelé a fournir des arguments en faveur de l’irredenta roumaine. Machiavel est donc moins regu comme penseur et fondateur de la politique moderne, qu’en tant que héraut de l’unité nationale, italienne et toute autre. En second lieu, l’examen du vocabulaire mis en oeuvre au niveau des traductions révéle tant le dégré de maturité conceptuelle de la langue roumaine, que la maniére dont les traducteurs roumains et leur public éntendaient comprendre et interpréter Machiavel.
More...Keywords: Citizenship; country code; Romania; nationalism;
Das Thema „citizenship" ist in den 1990er Jahren ins Zentrum politischer und sozialwissenschaftlicher Diskussionen gerückt. Mehrere, teilweise aufeinander bezogene historische Bewegungen erfordern in Europa eine Neujustierung des Verhältnisses Staatsangehörigkeit, Staatsbürgerschaft, Nationalstaat und Zivilgesellschaft1. Die deutsche Einigung, die Befreiung der ostmitteleuropäischen Staaten aus sowjetischer Vormundschaft sowie die post-jugoslawischen Kriege auf dem Balkan haben zu einer Renaissance des Nationalen geführt. Das Zusammenwachsen der europäischen Staatengemeinschaft als supranational vollzogene ökonomische Integration eröffnet das Problemfeld der zurückbleibenden nationalstaatlich verfaßten demokratischen Prozesse. Die Wanderungsbewegungen der letzten Jahre nach Westeuropa (und Nordamerika) verschärften den Widerstreit zwischen den uni versalistischen Grundsätzen des demokratischen Rechtsstaates und den partikulari- stischen Ansprüchen auf die Integrität eingespielter Lebensformen
More...Keywords: Human nature; problem; philosophy; theology; oriental philosophy; theology;
The work analyzes human nature from the perspective of thinkers throughout history. It is evaluated the perspective of Greek philosophy which recognizes that human nature has an ontological problem. Plato and Aristotle believed that reason has the responsibility to rule man. The author also discussed Oriental Chinese philosophy which has different perspectives on human nature. Some hold that man is born with a neutral nature (Confucius), others that he has a good nature (Mencius), and others that human nature is inherently evil (Xunzi and the Legalist School). But they all agree that man has a problem with doing good, either because of his nature or because of external factors. Then modern philosophers were analyzed, some of whom accept the metaphysical dimension of human nature, and others reject it. Immanuel Kant claims that man is born with a moral impulse, which is transmitted to him from a metaphysical reality. Kierkegaard argues for the existence of the spiritual-religious dimension of human nature. Man needs a leap of faith to be free. Thinkers of the 19th and 20th centuries generally disputed the existence of a fixed nature. Charles Darwin played an important role in changing the perspective on human nature through his Theory of Evolution, which holds that human ancestors were primitive beings that evolved over time. It is thus sought to identify man with animals. Postmodern philosophy thus challenges the uniqueness of human nature, created in the likeness of God (Gen1:26-27). Peter Singer expands morality by defending the animal rights. In postmodernism, a redefinition of morality is attempted, thus aiming to ignore biblical morality. The claims of so-called practical ethics to the novelty of postmodernism are contradicted by the author. Old moral questions include the so called new questions. Philosophers who argue for an external solution to the problem of human nature have been introduced. Finally, the author presents the perspective of Christian theology, which claims that human nature is morally conditioned. The Bible claims that in the beginning there was a time when man was not evil. Genesis 1-3 does say that man is currently in a state of moral alienation. He experiences a real moral guilt, which alienated man from himself, from others, and from God. Violence is a symptom of human abnormality. The Bible talks about the consequences of the fall (Deut 28:2-4, Deut 28:15-20) but also about the solution to the problem of fallen human nature. It describes a personal God who, in His love for man, sacrificed His Son - Jesus Christ, on a cross, in history. Christ’s death resolved man’s moral guilt ( John 3:16, cf. Acts 4:12). Through regeneration human nature acquires a new nature (Col 3:9-10) that manifests altruistic and theocentric (Gal 5:22-23).
More...Keywords: military; competence of military prosecutor; competence of military tribunal; reservist; concentrated or mobilized military; military clergy; military service; military rank; military function;
The article analysis the problem of jurisdiction of military courts and military prosecutor’s offices starting from crimes against operational capacity of military forces, emphasizing the legal aspects concerning civilian persons which are not military but have a similar status or even title. The conclusions concern the methodological stage of the verification of the military rank and the need to review the code of criminal procedure.
More...Keywords: Giovanni Pietro Arrivabene; Georgio de Pasellis; Carlo Visconti; Mehmed II; Matthias Corvinus; Sixtus IV; Stephen III of Moldavia; Vlad III of Wallachia (Dracula); Usun Hassan; Milan; Mantua;
On March 6, 1475, the rivalling representatives of the Milanese duchy, stationed in Bologna (viewed as a protectorate of the House of Sforza), encountered Hungarians and Romanians (commonly recorded as Wallachians in the Middle Ages) on their way to Rome. They brought spoils of wars to Pope Sixtus IV and, most importantly, the confirmation of the already rumoured major defeat suffered by Ottoman Sultan Mehmed II՚s host in Wallachia (in Moldavia in fact), at Vaslui, on January 10, 1475). The “interviewed” envoys (only Romanians nevertheless, according to both Milanese reports on the meeting, authored by competing politicians Georgio de Pasellis and Carlo Visconti) even claimed that up to “107,000 Turks” had fallen in combat. Five days later, on March 11, 1475, Giovanni Pietro Arrivabene, secretary to Cardinal Francesco Gonzaga, wrote from Rome to the cardinal՚s father, Ludovico III il Turco, margrave of Mantua (the increasingly independent ally of Milan), that ‘Duke Stephen Voivode’ (in fact, Stephen III the Great of Moldavia, the victor at Vaslui) was on his way to the Holy City on the Tiber, where Pope Sixtus IV was to crown him king, after Matthias Corvinus, king of Hungary, had appointed Stephen as King of Bosnia. The king on his pilgrim road to Rome was in effect Nicholas Újlaki, (co-)voivode of Transylvania, as well as former ban of Slavonia. Nicholas had indeed been elevated to king of Bosnia already in 1471 by Matthias, most anxious to secure Újlaki՚s neutrality during the renewed Hungarian, as well as regional conspiracy against the Hunyadi monarch. All together, the dispatches of Arrivabene, Pasellis and Visconti, (very) much different in terms of style, revealed Eastern so-to-say realities (e.g. the “107,000” Ottoman casualties), that were – more or less (depending on the author) – tailored to suit proper Italian politics. A year earlier the situation had been quite different. As revealed also by the Papal brief from July 1,1475, preserved in Mantua, between early 1474 and spring/ mid-1475, Stephen III of Moldavia went from “nobody” to the ‘beloved son’ of Pope Sixtus IV, like the duke of Mantua himself or the doge of Venice, but also the ‘athlete of the Christian faith’. We therefore turn to a record, a letter, in the archives of Dubrovnik. Roughly a week before Ali Mihaloğlu, bey of Vidin and Smederevo, raided Oradea (February 7–8, 1474), the royal link between Hungary proper and the Voivodate of Transylvania, the Commune of Ragusa, equally vassal to Ottoman sultan Mehmed II and to Matthias Corvinus, king of Hungary, informed the Venetian doge, Nicolò Marcello, her Adriatic neighbour, about the most recent developments at the Porte, as well as both at the Porte՚s Asian and European borders (January 31, 1474). From the latest news on Usun Hassan, still viewed by some as Christendom՚s main anti-Ottoman hope (in spite of the crippling losses he had suffered in August 1473), Ragusa moved on – in her message to Venice (earlier Usun՚s main supporter) – to the combats in Vlachia Maior (Wallachia proper), recently invaded by Stephen III the Great of Moldavia (November 8–30, 1473). The information had likewise been provided by the Ragusan envoys to the Porte, who had just returned to the Adriatic, after departing from Constantinople (Istanbul) on December 28, 1473. With Venice waging an increasingly desperate war against Mehmed (for ten years and counting), the task of conveying Ottoman inside information was very delicate for tribute paying Ragusa. The Ragusan message is the only extant known source to state that Stephen III the Greathad won Wallachia from Radu III the Handsome for the benefit of Vlad III the Impaller. The rest of the known sources (however chronicles, not documents) claim that Stephen enthroned Basarab III Laiotă as ruler of Wallachia (Laiotă was his Wallachian ruler of choice until autumn 1474).Ragusa՚s Venetian message bluntly contradicts the known contemporary data on Stephen III՚s intervention in Wallachia in November 1473 and on the subsequent events, data preserved only in the chronicles of Stephen III (chiefly in the Moldavian-German Chronicle intended for Habsburg subjects, around 1499–1500) and in the writings of Jan Długosz (notoriously hostile towards the Hunyadis).
More...Keywords: Havas; icon; monastery; Nicula; painter;
When we are talking about an icon, especially when it is already a legend like the miracle‑worker of Nicula, researching some accounting records does not seem to promise anything spectacular, especially when you do not expect them to tell an unknown part of its history. However, such an untimely and unprecedented discovery can turn them into important and decisive sources for confirming working hypotheses. The discovery we are talking about is an irrevocable confirmation of the last pictorial intervention on this Holy Icon, before the famous „restoration” of the 90s, which brought great doubt about its authenticity and caused tons of ink to flow, heating up the spirits. What’s more, the discovery also bears the name of the person who made it: Havas Béla Antal. A painter, of whom almost all art history specialists have heard, but about whom many can say... nothing, and who as „the best portrait painter of Transylvania” is not mentioned in any lexicon or art album, perhaps because the peculiarity of his work is... perfect anonymity!
More...Keywords: The judicial authority; Constitution of Romania 1991;
Primul Parlament postdecembrist, instituit în urma alegerilor din mai 1990, a adoptat o nouă lege fundamentală, promovând, într-o manieră incontestabilă, principiile statului de drept şi cele mai înalte standarde privitoare la drepturile şi libertăţile fundamentale ale cetăţenilor. Noua Constituţie a fost adoptată de Adunarea Constituantă în cadrul şedinţei din data de 21 noiembrie 1991, cu o majoritate confortabilă de voturi, deşi unele formaţiuni politice s-au pronunţat împotriva acesteia.
More...Keywords: country of origin principle; conflict of laws; comity, transnational law;
The country of origin principle can be contemplated in the light of the scholars’ debates relating to the rise or fall of the conflict of laws concept. This paper is an invitation to scholars to assess the notion of ‘comity’ as a genuine premise of the mutual recognition principle. The said notion reminds us all that international law and the conflict of laws are twin instruments; these instruments are conceptually designed to manage the transnational realities from nowadays. The nation-States, regional organizations of (economic) integration, international organizations, private actors are learning again how to exercise the notion of ‘comity’.
More...Keywords: 70s; Paul Goma; human rights; Romania; dissidence forms;
In Romania, in the last two decades of Communism, there had been few cases of dissidence. One of the dissidents was the writer Paul Goma. He was arrested in 1956, in the context of the Hungarian revolution and sent to prison for two years. In January 1977, he addressed a letter of solidarity to the of Czechoslovakian Charter 77 signatories. The movement for defending human rights in Romania that Paul Goma initiated at the end of the ’70 had been sustained by approximately 200 people, who were demanding the respect oftheir constitutional rights. In April 1977, Paul Goma was arrested and after he was released, he was forced into exile.
More...Keywords: Romania; Orthodox Church; leaders; elections; politics; political interference;
One of the aspects of church life in which political influence was most manifest was the election or removal of prelates from the church hierarchy. Under a totalitarian regime, the individual is not rewarded or punished for his real merits or mistakes, but according to how this serves or not the power. The Orthodox prelates, with a few exceptions, were not arrested because the communists had methods that suited their goals better: forcible retirement, withdrawal, and the dissolution of dioceses. Any arrest would have seriously affected the myth of perfect cooperation between the Communist state and the Orthodox Church. Therefore prelates dismissed from their position were the victims of Communist terror against the church.
More...Keywords: Romania; France; diplomacy; 1956;
1956 was a milestone in the evolution ofCommunist states. Present-day historians find it interesting to see how a foreign observer perceived the Bucharest regime at that time. The article contains the synthesis-report of France’s minister to Bucharest, Pierre Francfort, on the situation in 1956 Romania. The French diplomat notes the “discreet way” the Gheorghiu-Dej regime conducted the destalinization process. The document comes from the Archives of France’s Foreign Ministry. Ovidiu Bozgan is Ph.D. in history, Lecturer with the University of Bucharest, Faculty of History. He is the head of the Center of Church History, University of Bucharest. Recent work: Romania vs. Vatican, 2000.
More...Keywords: France; Romania; diplomacy; 1948; communism;
On April 11, 1949 the French Legation in Bucharest sent back home a report entitled “One year of people’s democracy in Romania, December 30, 1947 -January 1, 1949.” The report had been drafted by Philippe de Luze, a Legation adviser, and was based on information regarding the situation in Romania, as perceived by French diplomats in 1948. The political, economic and cultural developments in Romania represented just the beginning in the application of the Soviet model. Quoting the title of an article published in Scanteia of October 14, 1948 (“Love for the USSR is the cornerstone of patriotism”), the French diplomat sadly remarked, “Romania’s fate was no longer in the hands of its inhabitants.” Ovidiu Bozgan is lecturer with the University of Bucharest, Faculty of History. He is the head of the Center of Church History, University of Bucharest. Recent book: Romania vs. Vatican, 2000.
More...Keywords: Salaj County; Mirșid Commune; economy; collectivization; 50s; 60s;
Collectivization was carried out by a political and administrative bureaucracy that fostered centers of power with divergent purposes. The attitude adopted by the local authorities is a bizarre mixture of resistance, delay and exulted dynamism. Therefore, the social gap between the local authorities and the community they were supposed to control was a lot narrower than it would first appear. The collectivist centers did not only consist of poor farmers. Following a sociological and anthropological investigation, it was revealed that the rural community was structured by family relationships or ideological (religious) beliefs that turn the “resistance”/”collaboration” attitudes away from the economic perspective.
More...Keywords: contemporary theatre; translation;
Essay by: Matei Vișniec- "About the game of chance in the life of a writer". Simina Bălășoiu - "Alice in Wonderland by Lewis Carroll. Reflections on four variants of translation". Cosmin Divile - "Vârstele jocului. Strada Cetății: comunismul românesc pe înțelesul copiilor"
More...Keywords: emergency state; the state of alert; the act of government; normative act; military order;
Au début, l'étude examine d’un point de vue générale, la doctrine concernant la théorie des circonstances exceptionnelles, son origine, l'état d'urgence et l'état d'alerte. La doctrine de l'entre-deux-guerres est développée la théorie de l'acte de gouvernement en période de crise, acte soustrait au contrôle judiciaire traditionnel. Le contenu proprement dit de l'article concerne les différentes catégories d'actes normatifs adoptés en Roumanie, pendant la pandémie de coronavirus, en état d'urgence, pendant 2 mois et en état d'alerte, pendant environ 20 mois, institués tous les 30 jours. Ainsi, une brève analyse fait référence aux deux décrets du Président de la Roumanie, établissant et, respectivement, prorogeant l'état d'urgence. Les ordonnances militaires adoptées pendant l'état d'urgence, sur la base d'une disposition de l'O.U.G. no. 1/1999 concernant le régime de l'état de siège et de l'état d'urgence représente une autre catégorie d'actes normatifs avec une spécificité particulière. En outre, l'analyse fait référence aux actes normatifs adoptés avant la mise en place des mesures exceptionnelles déterminées par la pandémie, modifiées en 2020, aux lois adoptées par le Parlement, pendant la pandémie, mais aussi aux arrêtés du gouvernement d'établir l'état d'alerte.
More...Keywords: the crime of fraudulently crossing the state border of Romania; art. 245 of the Criminal Code in 1968; persons persecuted for political reasons; public actions of opposition to the communist regime;
The article presents the issue of knowing whether the crime of fraudulently crossing the state border of Romania, provided by art. 245 of Law no. 15 of June 21, 1968 – The Criminal Code in the form in force from January 1, 1969 to December 22, 1989, in the sense of art. 1 paragraph (1), (3) and (4) of the Law no. 221/2009 regarding the convictions of a political nature and administrative measures assimilated to them, pronounced between March 6, 1945 and December 22, 1989. The matter is important for the people who fraudulently crossed the state border of Romania, who were caught, tried, convicted and served prison sentences, since the proclamation of the political character of the crime/attempt opens the path for them to establish the patrimonial rights provided for by art. 1 of the Decree-law no. 118/1990 of March 30, 1990 regarding the granting of rights to persons persecuted for political reasons by the dictatorship established on March 6, 1945, as well as to those deported abroad or imprisoned. It is known that art. 1 paragraph (2) of the Law no. 221/2009 provides that the crime of fraudulently crossing the state border of Romania, provided by art. 267 of the Criminal Code 1936, an aspect that exceeds the analysis. The answer given by us to the question is a negative one, most of the time; the concrete actions of fraudulently crossing the state border of Romania from January 1, 1969 to December 22, 1989, as well as the attempts, had the character of a common law crime. Historical criteria from 1968-1989 and international relations were taken into account, as well as numerous criteria of law. In the context of examining the legal issue, we used the criteria established by the Supreme Court of Justice – Panel of 9 judges, by its Decision no. 14 of January 13, 2003, according to which the entitled person must prove the conduct of the criminal investigation by the special bodies of the Security, the trial of the case by the military courts and the execution of the sentence in a penitentiary for political prisoners. These criteria for determining the legal political nature of committing the crime of fraudulently crossing the state border of Romania are applicable, on a case-by-case basis, during 1969-1989, with each entitled person having to prove that he initiated, organized, effectively carried out public actions against the communist regime between January 1, 1969 and December 22, 1989.
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