Eugeniu Sperantia - A pioneer of romanian law's philosophy

• Author: Mihaela Ioana Teaca
• Position: Faculty of Law, Law and Administrative Sciences Department University of Oradea, Oradea, Romania
• Pages: 78-81

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2015), pp. 78-81

78

EUGENIU SPERANTIA

A PIONEER OF ROMANIAN LAW’S PHILOSOPHY

M.I. Teacă

Mihaela Ioana Teacă

Faculty of Law, Law and Administrative Sciences Department

University of Oradea, Oradea, Romania

*Correspondence: Mihaela Ioana Teacă, University of Oradea, Faculty of Law, Gen. Magheru

Street, no. 26, Oradea, Romania

e-mail: mihaela.teaca@yahoo.fr

ABSTRACT

In the sperantian view, the social normativity is seen as being of the individual one

and the individual spirit of normativity comes from society, which regulates the people rights

from the social point of view. Because man is a living being, creative, having social and

spiritual needs, the society creates norms, even if are not all social.

KEY WORDS: social norms, law, juridical reports, philosophical doctrines

INTRODUCTION

The law is seen as a entirety of social norms, and the creation of social norms is

perceived as a normal action of the social life, after the fundamental „the society creates

laws”, laws of life ,laws of human mind, sprung from the nature and the conditions of social

life. Analyzing the social norms and laws, the author presents three important items: the

normativity, which devolves from the laws of life, the mind as a life manifestation, submitted

of rigorous norms, but also a norms creator and the society as a general structure of the

social life. The social consciousness follows the individual one, and the life normativity is

manifested by social norms, written as rules, conventions, norms, laws.

The normativity

The normativity of life is manifested through social norms, written as rules,

conventions, norms, laws. The law of the society as a society consciousness has normativity

characters, but these can’t be confused with Law.

1

The author goes back with the analyze till

the 18th century, quating from Christian Thomasius

2

, who discuss the reports between:

justum, honestum, decorum, viewed as the law, the moral and the polite.

The same Thomasius is credited with the possibility of applying sanctions idea, as the

main difference between The Law and Moral. The moral obligations don’t suport coercive

means, while the juridical ones may be aplied by compulsion

3

. Eugeniu Sperantia returns to

Durkheim, developing his observation according to which the social involve coercion, giving

many examples in this way.

Eugeniu Sperantia says that the law may be a entirety of social norms, with a fixed and

organised punishment, an accepted definition but not satisfactory. The Law in his mature

forms, is a rational and intentional product, the punishment not being the essential rate of

1

E. Sperantia, Course of Laws Philosophy and Sociology. Juridical encyclopedia lecturers with a historical

introduction in The Law’s Philosophy, Publisher Romanian Book Typography, Cluj , 1936.

2

W. Schreiders, Christian Thomasius, 1655-1728, Meiner Publisher, Hamburg, 1989, p. 138. Christian

Thomasius lived between 1655-1728 in Germany. He was a well known german philosopher and lawyer.

Eugeniu Sperantia refers to the papers: Institutiones iurisprudentiae diviane (1688) and Fundamenta juris naturae

at gentium (1705).

3

E. Sperantia, op. cit., p. 12-13