Suchergebnisse

The article surveys the various stances taken in interwar Romania towards the contemporary international - particularly French - trends of legal and political theory meant at counteracting the shortcomings manifested by the legislative patterns of Napoleonic provenance when confronted with the exigencies of expanding associational life and the need of growing state intervention in the sphere of the relations between economic factors. The crisscrossing visions of federalist syndicalism and, respectively, juridical socialism - exposed most conspicuously by the legal philosophers Léon Duguit and Emmanuel Lévy - are shown to receive various evaluations in the local milieu, from the part of authors connected with the leading journal of the Romanian Social Institute and otherwise (and always by reference to the predicament of social reform in the national space). It is highlighted that the impact of the ideas involved in the debate was broader and more diffuse than one could assume when taking into consideration only the outspoken - and partly obsolete - objectives and premises of the argumentations in question.

The article explores the rationale of the Romanian political community as defined by its successive constitutional layouts, since the first fundamental law of 1866, including the Communist constitutional settings, and concluding with the post-communist constitutional design. This consistency of the political community is tested by means of an analytical distinction between the Nation-State and the National State. The former is understood as the institutional underpinning of a community bearing a political project. The latter is seen as the institutional outcome of an ethnic group and the warrant of its political integrity. Such an examination of the Romanian constitutional production sheds light on the historical and unambiguous predominance of the National State, while the Nation State emerged briefly and warily in the Romanian setting in the form of the socialist nation state. By the same token, this approach questions the adequacy between democracy and this rationale of the Romanian political community. While the socialist Nation State, as it was constitutionally designed, failed to guarantee the effectiveness of popular democracy, the Romanian National State, as it was shaped by the successive constitutional texts, pre-communist and post-communist, was always unable to accommodate completely with democracy.

The paper provides the ideal-typical narrative of European integration manufactured by Romanian intellectuals and the official national Church (Greek-orthodox), that could be summarized as follows: in the realm of the spirit, Europe would have survived mainly in the East, shepherded by such intellectuals as the Romanian ones and by the spiritual legacy of the Orthodox Church; in political and economic terms, European Union is monitored according to secularist and relativist guidelines by the bureaucracy in Brussels. Whatever the latter, together with their Romanian counterparts, may have realized in the course of European enlargement is of little concern for the former. Both the Church and the mainstream intellectuals are engaged now in an operation that should have defined them long before the fall of state socialism: to boost intellectual non-conformity with respect to the political dominant discourse as a way of refusing the debate by taking it seriously. And they do it by means of the same narrative device that kept them silent under communism: they tell the story of the prevalence of culture and the spiritual over everything political.