engleski

The idea of social law in Croatian legal thought

This paper consists of two addenda to the manuscript “Legal Philosophy and General Jurisprudence in Croatia in the XXth Century” for vol. 12 of A Treatise of Legal Philosophy and General Jurisprudence, devoted to 20th- century legal philosophy in civil-law countries, eds. Jan Wolenski and Alexander Broestl, gen. ed. Enrico Pattaro. The original manuscript was submitted as a work in progress to the Belgrade conference of the Centreal and Eastern European Jurisprudence Network in June 2011. The addenda were prompted by editorial comments, received in February 2013, to the original manuscript. The first concerned the statement “The hypertrophy of Western legal history had a far- reaching impact (sc. on Croatian legal thought)”. The comment was “Do you mean here the influence of Western history on Croatian culture?” The second concerned the statement “the study of legal history generated the idea of social law, which was reinforced by the experience of the conflict between Western law and Croatian tradition”. The comment was “Can you provide the Croatian expression? Moreover, it seems that this idea is crucial for understanding Croatian legal thinking. Perhaps you could give some more details to help the reader understand it. Or even a crucial quotation, possibly? We think that this idea of ’social law’ is peculiar to Croatia and hence very interesting”. The third comment concerned the statement “The idea implies that law is a unity of norms and actions created ‘from below’ (by local communes, economic markets etc.), reason and logic, imperfect and culture- bound as they may be, being inherent in law.” The addenda exceed limits of the manuscript but may function as an independent paper or its core.

Croatia ; law ; social law ; legal theory ; the idea of social law

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