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Legal Philosophy and General Jurisprudence in Croatia in the XXth Century

Whereas legal theory and legal dogmatics in Croatia were professedly positivistic— exclusively concerned with positive law, while keeping philosophy at arm’s length — legal history relied heavily on philosophical assumptions that made it a genuine sociological jurisprudence, and it remained a cornerstone of Croatian legal scholarship and legal education. The hypertrophy of Western history had a far- reaching impact. Until 1945, the continuity of law was taken to be self-evident. Croatian law was considered Western ; what mattered was the thought of major Western authors ; hence there was no pressing need for legal philosophy qua legal theory concerned with legal systems and with trans-systemic relations ; erudition was valued above originality ; the theory of public law, especially in the realm of international law, served the functions of the theory of the state and, together with private international law, the functions of the theory of law itself. However, legal history generated the idea of social law (socijalno pravo, društveno pravo), an idea which was reinforced by the experience of the conflict between Western law and the Croatian tradition, and according to which law is a unity in which “grassroots” norms and actions (created by local communities, economies, and the like) are coupled with the reason and logic inherent in law, however imperfect and culturally inflected such reason and logic may be. Mainstream Croatian legal theory has been resolving this conflict through a concern with law in action, while disregarding law in books and the theory of law.

legal philosophy ; general jurisprudence ; Croatia ; XXth century

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