NOSTRA MAXIMA CULPA! METODA TEHNICO-JURIDICĂ, ȘTIINȚA DREPTULUI PENAL ȘI ȘCOALA ISTORICĂ A DREPTULUI

Resulting from the frontal collision of two criminal law systems at the level of the legislation,
theory and practice of criminal law, the crisis of the (science of) criminal law in Romania is a crisis of
the „technical-legal method”. This crisis resulted from the lack of thoroughly analysing the
foundations of this method configured in terms of general juridical theory in the context of the
Historical School of Law from Germany, received in the particular matter of the theory of criminal law
thanks to the contribution of the Italian criminal specialists (Arturo Rocco) and which became a
traditional method of the Romanian science of criminal law due to its reception in Italy by Vintilă
Dongoroz. In the broader plan of the general theory of law, the same crisis proves to be a crisis of
the idea of science of law, explicable by the vicissitudes of the reception of the Historical School of
Law in Romania over the last 150 years.