Nicolae Titulescu, doctrinar al dreptului
Nicolae Titulescu, Doctrinaire of Law

Summary/Abstract: As an adept of complementarity, even to the point of confusion, between the rules of political activity and the ideas of the scientific activities, Nicolae Titulescu developed a juridical thinking associated to the major European trends of his age, that unfortunately remained relatively singular in Romania. The conceptual and theoretical premise is that when the order of a certain society is undermined by the conflict between adverse ideologies, its normative cohesion depends on the effort of the jurists, as they are summoned before all to restore the order in their own way of thinking. Situated in the avant-garde of the great French “anxious jurists” of the turn of the century, Nicolae Titulescu promoted in the pre-great war Romanian legal doctrine of civil law the directions of thought of law as science and technique of the social order itself. As it was to be expected, for political reasons, the reception of Titulescu’s idea in the post-second world war Romania could not cover the two directions, as the unavoidable ideological compromise of the science of law led to a new (descriptive) exegesis to the detriment of the (constructive) legal technique. Nowadays, the order invoked by could and should be established both to the dominating fashionable ideologies and to the easier path of the so-called formalist legal technicism, incompatible with Titulescu’s “creative ideal”.

• Details
• Contents