HOMAGE TO A CONSISTENCE Cover Image

ПОХВАЛА ЈЕДНОЈ ДОСЛЕДНОСТИ
HOMAGE TO A CONSISTENCE

Author(s): Danilo N. Basta
Subject(s): Philosophy of Law
Published by: Правни факултет Универзитета у Београду
Keywords: Justice;Equity;Just law;Positive law

Summary/Abstract: Not only because of the fact of more than six decades of activity, but primarily because of remaining, in spite of everything, consistent and harmonious - the undertaking of professor Božidar S. Marković remains unique in our legal philosophy, indeed. He has remained faithful to the foundations fixed in his Paris doctoral dissertation all the way. That consistence relates to the conception of duality of the legal phenomenon, to the viewpoint that above and outside the positive law there exists a just law, as well as to the necessity of their permanent coordination. The center of Marković’s legal philosophy is taken by justice and equity, which he has considered with decisive anti-metaphysical orientation and by rejecting every kind of essentialism, but with accepting human finalism. The continuity and consistency of such philosophy are based on the continuity and consistency in the universal , methodical, vitalistically painted and thoroughly verified research of justice and equity in their practical-concrete dimension. Its originality-should be traced in Marković’s accentuation of democratic political regime as a necessary prerequisite of a just law. The integrity of legal philosophy of professor B. Marković, in fact, has its final and most powerful foundation in the integrity of his personality.

  • Issue Year: 41/1993
  • Issue No: 1-2
  • Page Range: 19-25
  • Page Count: 7
  • Language: Serbian
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