<abstract xmlns="http://www.w3.org/1999/xhtml"><p>This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the 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, the ethical principles both historically, and practically, the law-making being comprised as well. Thus, they leave room to the expression of human’s basic rights and freedoms in a democratic judicial order, while the rules of law subordinating the morals and manner proved to be widely open to totalitarianism.</p></abstract>

This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the 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, the ethical principles both historically, and practically, the law-making being comprised as well. Thus, they leave room to the expression of human’s basic rights and freedoms in a democratic judicial order, while the rules of law subordinating the morals and manner proved to be widely open to totalitarianism.

Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity

”Vasile Goldiș” Western University of Arad

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution 4.0 Public License.

This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in...

Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity

Publié en ligne: 17 juil. 2020

Pages: 57 - 68

Reçu: 01 mars 2020

Accepté: 01 mai 2020

DOI: https://doi.org/10.2478/jles-2020-0004

Mots clés
morals, law systems, Xenopol, Speranția, democracy, the idea of justice

© 2020 Marțian Iovan, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 Public License.

Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity

Publié en ligne: 17 juil. 2020

Pages: 57 - 68

Reçu: 01 mars 2020

Accepté: 01 mai 2020

DOI: https://doi.org/10.2478/jles-2020-0004

Mots clésmorals, law systems, Xenopol, Speranția, democracy, the idea of justice

© 2020 Marțian Iovan, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 Public License.

Mots clés
morals, law systems, Xenopol, Speranția, democracy, the idea of justice