Whitehead´s Ideas Within Some Romanian Juridical Thinkers

AuthorMihai Badescu
LESIJ NO. XXV, VOL. 1/2018
Alfred North Whitehead (1861 1947) was a mathematician, logician and English
philosopher, being the most importa nt representative of the philosophical school of thought known as
process philosophy, which today has found application to a wide variety of disciplines such as:
ecology, theology, physics, education, biology, economics, psychology.The main ideas of Whitehead's
thinking can be cir cumscribed to the following:(i)every real-life object can be understood a s a ser ies
of events and similarly constructed processes;(ii)if philosophy is successful, it must explain the link
between the objective, scientific and logical discourses of the world and the present world of subjective
experience;(iii)all experience is a part of na ture;(iv)a good life is best thought of as an educa ted and
civilized life;(v)recognizing that the world is or ganic rather than materia listic is essential for a nyone
who wants to develop a complete description of nature and so on.Regarding Whitehead's work, we
apprecia te that, even in our country, there ha ve been and a re authors whose views, if not overlapping
with Whitehead's thinking, at lea st present a ser ies of common elements.As far a s the present study is
concerned, we propose to bring, from this per spective, in the analysis, th e conceptions of the most
important philosophers of Romanian law: Eugeniu Sperania and Mircea Djuvara . Eugeniu Sperania's
philosophical work is characterized by a strong biologica l, social a nd metaphysical tr ait. Sperania
admits that none of the fundamental philosophica l problems can be resolved unless life is taken into
account which is the original principle of existence a nd social reality. What seems to stand in the
way of the foundation of a single science that deals with both organic and psychic facts is individuality
or discontinuity, on the one hand, and, on the other hand, the fluid continuity of states of the soul. What
chara cterizes every living being is unity and its synthesized activity, which assimilates amorphous and
dispara te elements, thus portr aying itself a s a continuous process of synthesis in a nalogous forms
(expansion, conquest, construction). Regarding the philosophy of la w, Sperania maintains in an
obviously Kantian spir it that it must investigate the a priori or tra nscendent foundations of law in
general. Because a philosophy of law must fit into a broad view of the world, it must be preceded by a
philosophy of the Spirit. The philosophy of law has a s an aim the spiritual justification of law which,
encompassing science, offers it the oppor tunity to rise to the principles or the first causes. Regarding
Mircea Djuvara, we agree with the statement that no one up to Mircea Djuvara brought the legal
phenomenon under the eyes of the philosophers, and no one offered the practitioners such a broad
horizon, the horizon he considers necessa ry: «the philosophy of law contains one of the indispensable
elements of a true culture». In short, Mircea Djuvara 's thinking can be qualified as dialectical idealism;
it is not a subjective idealism but obviously an idealism whose epistemological way requires experience,
a conception in which matter and spir it are mixed, forming two simple aspects of the experience, the
deontological result of which reduces everything to objective relationships. Mircea Djuvara is a str ict
relationa list: „it is a danger to believe that our lives can work without categories. There is no human
consciousness without its own philosophy, the practical attitude towards life, the inherent attitude of
every human being. Reason, detached from subjectivity, predominates in every human being; the very
law expression of social relations has a predominantly ra tional char acter: attitude towards life
determines in any human consciousness a cer tain philosophical consciousness, the a ttitude towards
Professor, PhD, Bucharest University of Economic Studies, Permanent member of the Academy of Romanian
Scientists (e-mail: badescu.vmihai@gmail.com).
74 Lex ET Scientia International Journal
LESIJ NO. XXV, VOL. 1/2018
society determines a certa in philosophical consciousness, the attitude towards society determines a
certain lega l consciousness.
Keywords: Whitehead, Djuvara , Sperania, philosophy, legal thinking, subjective experience,
fundamentals of law, spirituality, social rea lity, organic being.
1. T he philosophy of law is the
philosophical reflection on the law, which
deals with the right in a dual sense: as an
objective law (in its sense), as a set of rules,
norms that or ganize social life and as a
subjective law (in its sense), respectively as
a faculty, as the possibility, the enabling, the
prerogative of a subject (of law) to have, to
capitalize and to protect themselves against
another a certain legally protected interest.
The Romanian philosophers of law
have made important contributions -
together with other thinkers of the world - to
the development and affirmation of the
philosophy of law in the world in an attempt
to explain and evaluate the principles on
which one of the major dimensions of human
existence is based, the nor mative dimension
(ethical and legal).For example, in this
regard the following can be taken into
account, Alexandru Vllimrescu, T raian
Ionaşcu, Petre Pandrea, Dumitru
Drghicescu, P.P. Negulescu, Gheorghe
Bileanu, Şt. Zeletin, Nicolae Titulescu. Out
of them, the following have made
themselves known through their own
conceptions: Eugeniu Sperania and Mircea
Djuvara. In their works are ideas that can be
appreciated as being close to W hitehead's
thinking, an aspect on which we will settle
on in the following passages.
2. A thinker of the greatest rank and a
true encyclopedic spirit, the author of an
impressive work in the field of philosophy of
law was Eugeniu Sperania.
Eugeniu Sperantia was born in
Bucharest on May 6/18, 1888. He attended
the secondary and university education in
Bucharest; in 1912 he completed his Ph.D in
law with the thesis called: P ragmatic
He subsequently specialized in B erlin
and upon his co ming back in the country
(1914) he had a position in a department in
the secondary education after which he was
appointed lecturer (1921) and professor
(1923) in the philosophy of law and
sociology within the Faculty of Law and the
Orthodox Theological Academy, both from
Among the most important scientific
studies and researches we enumerate:
Pragmatic Apriorism (1912), Definition and
Prehistory (1912), The Philosophy of Magic
(1916), T he B eauty as Great Sufferance
(1921), The Philosophy of Thinking (1922),
The Ideal Factor (1929), Social Phenomenon
as Spiritual Process of Education (192 9),
Course in General Socio logy (1930),
Problems of Contemporaneous Sociology
(1933), The Historic Spiritualism (1933),
Judicial Encyclopedia, with an Historic
Introduction in the Philosophy of Law
(1936), Immanent Lyricism (1938),
Introduction in Sociology (1938).
Eugeniu Sperantia was one of the few
Romanian thinkers that attended the
international congresses of philosophy of the
time, collaborating at the same time with
foreign magazines of philosophy.
The thinker’s p hilosophical work is
characterized by a strong biological, social
and metaphysical feature.
None of the fundamental philosophical
problems can be solved, according to
Sperantia, if social reality and life, which is
the original principle of existence, are not
taken into consider ation. In other words,
there is a unique formula with the help of

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