Gândire, ştiinţă şi tehnică în drept. Pentru un alt început în ştiinţa juridică românească

Rezumat

Departing from the problem of the difference between ancient jurisprudence and modern legal science as reflected in the Romanian modern legal history, the study deals with the classical problem of distinguishing between science and technique in law as well as the so-called «constants of law». Identifying within the research program of the Romanian Institute for Legal Research two directions ot legal thought, the authors deal with the common origins as well as the political and social factors leading to this difference, questioning the relevance of the common scientifical approach of law which obscurate the real meaning of the legal dogmatics and tends to transform it in political ideology. Refuting the dominant modern view on the legal dogmatics as «science», they plead for a shift from legal modernity to a postmodern approach based upon the ancient Aristotelian paradigma of natural law and jurisprudence as a possible new beginnig within the Romanian legal science.