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REMEMBRANCE IN TIME - Index of

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HOMO JURIS<br />

PROFESSOR ALEXANDRU HERLEA<br />

(1907-1979)<br />

Elena HELEREA 1<br />

Memento<br />

The relations <strong>of</strong> cooperation in the human society are, in a state <strong>of</strong> law, regulated by<br />

judicial, moral, religious, technical and others, either shaped spontaneously or drafted, in<br />

order to give coherence and consistency to the community life. The normative order<br />

which is always social, too, reveals more dimensions, one <strong>of</strong> which being the judicial one.<br />

Thus, this constitutes the ground for the natural quality <strong>of</strong> the man as Homo Juris, which<br />

underlines the moral dimension <strong>of</strong> man’s quality, a natural one also, as a moral being. We<br />

consider that initially the judiciary, the morality, religiosity and technicity stick together<br />

and evolve together, set up as a cultural unity, induced by the same axiological horizon -<br />

values and principles.<br />

The judicial laws are as compulsory for Homo Juris as the moral ones for Homo<br />

Moralis, and as those specific to Homo Ludens. However, the judicial law is either<br />

imperative (prohibitive), either permissive, outlining certain freedom areas, through<br />

which liberty itself is consecrated.<br />

Homo Juris is a law topic which enters into legal relations with specific rights and<br />

obligations in respect <strong>of</strong> the laws that gets involved into judicial that involve rights and<br />

obligations according to current laws: the members <strong>of</strong> a society, only, collaborate and cohabit<br />

in a judicial law that renders the dimension <strong>of</strong> that society as far as collaboration<br />

and cohabitation is concerned. The collaboration is granted through the prescriptive<br />

organization <strong>of</strong> the facts and documents <strong>of</strong> the law subject closely related to property,<br />

cohabitation being guaranteed by organizing prescriptive societal manifestations <strong>of</strong> the<br />

natural and legal persons [1].<br />

Homo Juris is not recognized, respected and appreciated in all societies. This is proven<br />

both during the beginning <strong>of</strong> the communist regime in Romania and by the work and the<br />

destiny <strong>of</strong> Alexandrul Herlea, Ph.D in Law. His tragic destiny is exemplary for people <strong>of</strong><br />

such moral greatness, whose aim has been to protect above life the law and rule <strong>of</strong> the law.<br />

The activity <strong>of</strong> pr<strong>of</strong>essor Alexandru Herlea<br />

The evocation <strong>of</strong> the pr<strong>of</strong>essor <strong>of</strong> civil law at the Commercial Academy in Cluj -<br />

Brasov, Alexander Herlea, in the seventh edition <strong>of</strong> the International Symposium called<br />

“Communist Regimes – Recent Memory for an Open Society” was chosen for several<br />

reasons.<br />

1 Transilvania University <strong>of</strong> Braşov, Romania.

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