Fond, forme şi idei în dreptul românesc modern. „Tradiţia Eminescu-Iorga-Pârvan” şi cultura juridică românească

Rezumat

The present paper seeks to define the framework for an adequate understanding of Nicolae Iorga’s thoughts related to the legal culture conceived as part of the national culture as well as to examinate the possibly foundational role of Iorga for a future Romanian school of “historical law”, i. e. for the creative reception and further development of the German Historical School of Law in Romania. Conceived as part of an ideological tradition which includes the Romantic poet, writer and journalist Mihai Eminescu as well as the historian Vasile Pârvan, the ideas of Iorga – his “organic worldview” – are to be distinguished by the “rationalist” views of other Romanian thinker usually associated with Friedrich Carl von Savigny (I) and then connected with Savigny’s main lines of legal thought through the political views of the great German historian Leopold von Ranke, who was highly appreciated by both Savigny and Iorga (II). Iorga’s work contains also some hints on Savigny, which are also to be examined and shown as deeply unjustified; on the contrary, the really deep similitudes between both thinkers regarding both political visions as well as methodological issues of the legal respectively historical discipline may stimulate the Romanian jurists to renew the Romanian legal science.