The Ethical and Juridical in the Vision of Eugeniu Sperantia Cover Image
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Etic şi juridic la Eugeniu Speranţia
The Ethical and Juridical in the Vision of Eugeniu Sperantia

Author(s): Daniela Cîmpean
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii LUCIAN BLAGA din Sibiu
Keywords: philosophy of law, sociology; Darwinism; Michel Foucault; ethics; virtue; juridical norm; social norm;

Summary/Abstract: In the present article I have highlighted the configuration of the two definitions of law, worked out by Eugeniu Sperantia in Cursul de filosofia dreptului şi sociologie (Lecture on the Philosophy of Law and Sociology), and published in Cluj in 1936. The first definition refers to the so called struggle for life, the second one refers to “sociality”, both definitions being related to the concept of norm. Then I moved on to the configuration of the concept of norm in Eugeniu Sperantia’s and Michel Foucault’s vision. After the exploration of the dialectics between juridical and social norm I have tried to elaborate on the difference between law and ethics. I have chosen the distinction between law, morals and virtue, using also a phenomenological intuition processed in sociology from Martin Heidegger.

  • Issue Year: 38/2013
  • Issue No: 1-2
  • Page Range: 116-121
  • Page Count: 6
  • Language: Romanian