This study refers to Alf Ross’ concept of legal consciousness with the aim of trying to explain the particularities of the transformation of the Romanian legal system in the post-totalitarian era. Totalitarianism forcibly separated society from its established traditions in order to be able to more easily subjugate it, indoctrinate it and, finally, transform it according to the totalitarian pattern (Patapievici H R Partea nevăzută decide totul). We research whether, and if so how, this interruption of the tradition of liberty in Romania influenced the process of compliance with the law after the fall of dictatorship (1989) and the country’s admission to the EU from an Alf Ross’ perspective on legal consciousness. We chose this approach because, as the legal philosopher Alf Ross informs us, the concept of legal consciousness is at the foundation of the observance of legislation—viewed in its historic continuity. Legal consciousness is to a certain degree the product of the evolution of law and, at the same time, its engine. That is why a negative turn, such as that at the conclusion of communism, was difficult to reverse, even though in Romania the current literature fails to focus on the transition’s legal consciousness dimension.

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The Importance of Legal Consciousness in the Transformation of the Romanian Legal System in the Post-totalitarian Era. An Alf Ross’ Perspective

  • Flaminia Stârc-Meclejan

摘要

This study refers to Alf Ross’ concept of legal consciousness with the aim of trying to explain the particularities of the transformation of the Romanian legal system in the post-totalitarian era. Totalitarianism forcibly separated society from its established traditions in order to be able to more easily subjugate it, indoctrinate it and, finally, transform it according to the totalitarian pattern (Patapievici H R Partea nevăzută decide totul). We research whether, and if so how, this interruption of the tradition of liberty in Romania influenced the process of compliance with the law after the fall of dictatorship (1989) and the country’s admission to the EU from an Alf Ross’ perspective on legal consciousness. We chose this approach because, as the legal philosopher Alf Ross informs us, the concept of legal consciousness is at the foundation of the observance of legislation—viewed in its historic continuity. Legal consciousness is to a certain degree the product of the evolution of law and, at the same time, its engine. That is why a negative turn, such as that at the conclusion of communism, was difficult to reverse, even though in Romania the current literature fails to focus on the transition’s legal consciousness dimension.