Savigny und die rumänische rechtswissenschaft (I)
Savigny and Romanian legal science (I)

Summary/Abstract: The lecture held by Carl Schmitt in February 1943 in Bucharest on the jurists and the formation of the European spirit became widely known since the publication of its German version in 1950 as a pledge for the reconsideration of Friedrich Carl von Savigny’s fight against the legal positivism and for a legal science considered as the true source of law. In spite of the broad reception of Savigny’s work in Central and Eastern Europe since the 19th century the Romanian jurists seemed to Schmitt almost unaware of the importance of this work. The present paper tries to show some light on the contacts between Savigny and the Romanian culture as well as to understand why the reception of the Historical School of Law really did not take place in the Rumanian jurisprudence till the Second World War.

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