Tomáš Garrigue Masaryk ir Mykolas Romeris: dvi asmenybės, du požiūriai į valstybę ir Konstituciją.
T. G. Masaryk and M. Romeris are certainly prominent personalities and great names in history. It would be hard to understand the Czech nation and the development of the state of Czechoslovakia without T. G. Masaryk’s philosophical views on person, nation, state, and his political activity; and it would be hard to understand certain aspects of the interwar Lithuania’s legal and political development without M. Romeris’ scientific heritage. These are the personalities, who have left a significant inheritance due to their scientific, political and social activities. T. G. Masaryk’s career reached its top when he became the President of the Republic of Czechoslovakia. As regards academic activity, he is a famous philosophy professor of the Charles University in Prague. M. Romeris – a member of the State Council of the Republic of Lithuania, and ad hoc judge in the famous Klaipėda/ Mėmel case in the Hague. M. Romeris was also distinguished in university activity – a professor of Vytautas Magnus University, the head of State law department, the dean of the Faculty of rights and for many years - the Rector of this respectable higher education institution. Firstly, M. Romeris and T. G. Masaryk are related by an intellectual affinity of the highest sort. These are the greatest minds of Europe, not only because both of them had the best education (content and scope wise), but also because they managed to use the knowledge to enrich the science and the intellectual heritage of their nations. The academic heritage of both M. Romeris and T.G. Masaryk is so great in scope and diversity of content that studies of the heritage of these scientists are relevant both in Czech Republic and in Lithuania to this date. Although the basis for M. Romeris’ analysis was the science of the law and T.G. Masaryk analyzed philosophy, certainly both of them are personalities of wider outlook – intellectuals of social and humanitarian sciences. These scientists found sociology, history and politics not less important and interesting than the initial objects of their studies – the law and the philosophy. The destiny and well being of their nations formed essential pillars for T. G. Masaryk and M. Romeris view on life. Therefore, the issue of social justice is very important from T. G. Masaryk and M. Romeris point of view, because they relate not only to a specific person, but firstly – to questions of the nation‘s equality and social wellness. M. Romeris and T. G. Masaryk had very similar views on the concept of the State. Both of them linked state wellness, perspectives of peace and successful development to the understanding of civil and not ethnic nation. A Czech Slovak is a Czech, Slovak, German, Polish, and etc., living in Czechoslovakia. The Lithuanian nation means Lithuanians and Polish, Germans and Jewish, and etc., living in Lithuania. This is the exact understanding of the civil nation under the view of T. G. Masaryk and M. Romeris, which permits us to consider them as progressive and philosophical personalities, who rejected the popular and even dominating in the end of XIX – beginning of XX century idea of national state (ethnic aspect).T. G. Masaryk respected and understood the importance of the law for the nation and state. He managed to preserve principles of democracy and respect of the Constitution during the long period of history, when he was the head of the state. Led by him, Czechoslovakia was recognized as probably the only democratic state of this region of Europe. However, T. G. Masaryk considered the law to be only the “moral minimum”, which is important, because it can protect from complete anarchy. T. G. Masaryk thought that the “mechanics” of the law was just a measure aimed at more important goal – the democratic state, and the development humanitarian society. For this reason, in the scientific works of T. G. Masaryk, the legal system of the state, its specifics, challenges and problems receive less attention than analysis of philosophic, value principles in search of the perspectives of genesis and development of the nation and the state. M. Romeris linked success of democracy with the principles of the rule of law and thus, the aspects of the legal system, activities of legal institutions, separation of powers, system of checks and balances, as well as philosophic and positive aspects were important objects of the research. For this reason, M. Romeris in his scientific works analyses not only the perspectives of the development of the state – philosophic questions on democracy, political independence, but also provides a thorough analysis of the legal institutes and institutions, without the development of which, the democracy and statehood would be impossible. Therefore, the final goal of T. G. Masaryk’s cognitive philosophy was related to the philosophic grounds of the democratic state. M. Romeris, haven chosen a goal – the rule of law – has chosen as an object of analysis not only the ideal itself but also the technique to achieve it. This circumstance determines the importance of the scientific heritage of T. G. Masaryk and M. Romeris, which is highly valuable not only in the context of one branch or field of science. The heritage of the doctrine of these scientists is significant not only because they were the pioneers on many conceptual questions of philosophy and law, but also because this heritage has not lost its content and relevance of argumentation to this date. Democracy, humanitarian-civil society, rule of law, constitutional grounds of the rule of law – these questions have not lost their academic or political relevance to the date. Therefore, the intellectual heritage of M. Romeris and T. G. Masaryk and the logic of their argumentation is the conceptual reality, which provides us a strong basis for further scientific activity.
- Straipsniai / Articles