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Legal Spirituality in the Creations of the Romanian Soul


Author: CUZA Bogdan-Gheorghe Ilie
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2022
Scientific adviser: Ion Craiovan
doctor, professor
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 6 May, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document – 0.43 Mb / in romanian
Adobe PDF document – 0.34 Mb / in english

Thesis

CZU 340.1 (043.3)

Adobe PDF document 1.70 Mb / in romanian
153 pages

Keywords

spirituality, legality, Romanian nation, history, cultural creations, cultural identity, universality

Summary

Structure of the thesis: the paper starts with an introductory introduction in the analysis of the legal spirituality issue in relation to the Romanian spiritual creations and the presentation of the fundamental coordinates of the scientific approach. The thesis is structured in four main chapters, general conclusions, and recommendations, a bibliography from 150 sources. The paper contains 152 basic text pages and the results obtained are published in 3 scientific papers.

Field of study. The legal spirit contained in the cultural works, especially those of the Romanian people, which do not explicitly belong to the legal doctrine.

The aim and objectives of the research. The legal doctrine needs to come out of the "letter of the law" of dogma, of the "ivory tower," but without denying its specificity, to open interdisciplinary to universal understandings and to cultivate the integrative spirit, cultural context, to use without minimizing the role of the concepts, the image, including the metaphorical one, as a fundamental component of spirituality, alongside the concept, in the complementary and conjugated way.

Scientific novelty and originality lies in the fact that explicit, systematic, and customized gravity reveals that legal spirituality can not be confined solely to legal values. It is the result of contributions in varying degrees and weights of all forms and types of human spirituality, including literary artistic creations. The solved scientific problem lies in the fact that, in the sphere of legal spirituality, there was the need to overcome a rupture, between concepts and images, considering that human spirituality is expressed through concepts and images.

The theoretical importance of the work consists in the methodological configuration of a new approach in the general theory of law and evocation from the juridical spirituality emanating from some remarkable cultural creations of the Romanian soul. Knowledge of the law must include a type of ,,cognitive art’’ capable of ,,seeing the invisible’’ with unexpected illumination, especially in relation to the abstract and aridity of legal texts, to reveal profound structures, symmetry and asymmetry order and complexity. Applicative value of the paper. The analysis, understanding and co-optation of this approach depends on the cognitive force of the general theory of law, the legal doctrine, its ability to provide a complex, integrative image, on the legal phenomenon, with practical consequences of the most important. Itcovers several fields: scientific theory of general law; legal education; the legal doctrine; scientific research in law; legal professions; state institutions; civil society and others.

The implementation of the scientific results: the theoretical conclusions of the paper, the novelties and the recommendations formulated were used in the study and communication as well as in the International Congress of Philosophy of Law and Social Philosophy (IVR-Lisbon, 2017) and co-author of the Romanian Legal Encyclopedia, lit. A-C, the Personalities volume, The Universul juridic Publishing House, 2018.