In lieu of an abstract, here is a brief excerpt of the content:

SIMION BĂRNUŢIU: THE PUBLIC LAW OF THE ROMANIANS Title: Dreptul public al românilor (The public law of the Romanians) Originally published: Iaşi, Tip. Tribunei Române, 1867. The work was published posthumously. Language: Romanian The excerpts used are from C. I. Gulian et al., eds., Antologia gîndirii române şti, sec. XV–XIX (Bucharest: Ed. Politică, 1967), vol. I, pp. 380–383. About the author Simion Bărnuţiu [1808, Bocşa Română (Hun. Boksánbánya, Ger. Rumänisch Bokschan, Transylvania) – 1864, Trăznea (Hun. Ördögkút, Ger. Teufelsbrunnen, Transylvania)]: professor of law and philosopher. His family was of modest origins. Bărnuţiu began his primary education in his home village and between 1818 and 1820 he completed his secondary education in Şimleu (Hun. Szilágysomlyó) and Carei (Hun. Nagykároly, Ger. Grosskarol). From 1826 to 1829, he studied theology at the Greek-Catholic Seminar in Blaj (Hun. Balázsfalva, Ger. Blasendorf), where he was appointed professor of history and philosophy in 1839. As a result of his nationalist activity and a conflict with Bishop Ioan Lemeny (1780–1861), he was later dismissed . In the decade before the revolution of 1848, Bărnuţiu became involved in public life in Transylvania and published articles in various newspapers. Two major themes preoccupied him intensely: the role of religion and national rights. The latter theme was reflected in his criticism of the intention of Hungarian liberals to introduce Hungarian as the language of public administration and of education throughout Transylvania. In 1842 the Transylvanian diet enacted a law that mandated the use of Hungarian in Romanian Greek Catholic and Orthodox schools. Bărnuţiu defended the use of the Romanian language, condemning the law as an attempt not merely to deprive the Romanians of their language but also to destroy their national being. Although the language law was not implemented, Bărnuţiu developed increasing reservations towards Hungarian liberalism. During the Revolution of 1848, Bărnuţiu was one of most active Romanian leaders. He wrote one of the revolutionary proclamations , which advocated recognition of the Romanian nation as equal to the Hungarian and Saxon nations. He was also the vice-president of the National Assembly of Romanians in Transylvania. On 15 May 1848 he delivered a memorable speech to the Romanian revolutionaries gathered in Blaj, in which he outlined the main demands of the Romanian national movement in Transylvania. After the defeat of the revolu- SIMION BĂRNUŢIU: THE PUBLIC LAW OF THE ROMANIANS 161 tion he escaped to Oltenia and then to Vienna. After 1849 Bărnuţiu continued his studies in Vienna and Pavia, where he obtained a doctorate in law. In 1855 he was invited to teach in a lycée in Iaşi, and later became professor of law at the University of Iaşi. Bărnuţiu was known for his excessive Latinist convictions which eventually determined Titu Maiorescu (1840–1917) to launch a devastating critique of his theories. In Transylvania, on the other hand, he was regarded as a symbol of the Revolution of 1848, and became a constant point of reference for Romanian nationalism in Austria-Hungary. Main works: Raporturile românilor cu ungurii şi principiile libertăţii naţionale (The relationship between Romanians and Hungarians, and the principles of national liberty) (1852); Dreptul public al românilor (The public law of the Romanians) (1867); Dreptul natural privat (Private natural law) (1868); Psicologia emipirică (Empirical psychology) (1870). Context The revolution of 1848 in Hungary and Transylvania was a test for both Hungarian and Romanian nationalisms. When the Hungarian Diet opened in March 1848, Lajos Kossuth (1802–1894) demanded a new constitutional relationship between the Crown and the Diet. After the initial success of the revolution in Vienna and a series of demonstrations in Pest, Emperor Ferdinand (r. 1835–1848) could not oppose the Hungarian revolutionaries. Having secured its autonomous power, the Hungarian Diet then passed the ‘April Laws.’ According to these laws, all males aged 20 years or over who met certain property requirements could vote in elections for the Lower Chamber ; toleration was extended to all Christian denominations; peasant serfdom was abolished; taxation was extended to all inhabitants, noble or not; and patrimonial courts on estates were abolished. All citizens became subject to the same system of courts, with a right to trial by jury. Additionally, a national land bank for investment was established; freedom of the press and of instruction in schools...

Share