QUAE SUNT CAESARIS… PREZUMȚII POZITIVISTE
QUAE SUNT CAESARIS… POSITIVIST PRESUMPTIONS

Summary/Abstract: The dominant legal trend today is positivism, whether we look at national or European law. Almost all technical analysis focuses on the text of the law, the effect of a centralized normative effort. It is appropriate to divide positivism into a structural one, having as its very object the norm, supplemented by analytic positivism, including the explanatory effort of the norm under consideration. Our ambition is to date positivism in its nascent form, leaving behind the current prejudice that it was born in the nineteenth century, as a result of scientific work on society. However, if we look at the Gospel juridical parables, we may be surprised to see that positivism appears anonymously with political legislation, also considering some precursors of modern law: the person, equality before the law and the concept of legal representation. Once politically present, positivism is constituted as a legal ontology, a somewhat paradoxical and counterintuitive idea, but perfectly explainable, with the ultimate goal of erasing all traces of pagan jusnaturalism.

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