БОЖИДАР С. МАРКОВИЋ: ЈЕДНО ТРАГАЊЕ ЗА ПРАВЕДНИМ ПРАВОМ
BOŽIDAR S. MARKOVIĆ - A SEARCH FOR A JUST LAW

Summary/Abstract: The relations between the positive and just law are a basic question of the philosophy and theory of law and a central theme of research of Božidar Marković. Positive law has to be just, although this is not always the case. The causes of such disharmony should be found in the dual character of the positive law, in the changing criterion of substantive justice and the static nature of the positive-law rule as contrasted to the dynamic nature of substantive justice. In order to overcome, or at least attenuate, the disharmony between the positive and just law, namely between the state and society, it is necessary, on the one hand, to have démocratisation of state - which is the task of the politics, while, on the other, the elimination of the antinomy between the static nature of positive order and the social evolution - which is the task of the theory of law. The theory, namely, has to suggest an adequate method for feeding the positive law with social conception of justice.

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