ДУАЛИТЕТ ПОЗИТИВНОГ ПРАВА У ДЕЛУ БОЖИДАРА С. МАРКОВИЋА
DUALISM OF POSITIVE LAW IN THE WORK OF BOŽIDAR S. MARKOVIĆ

Summary/Abstract: The idea of dualism in law in general has been the initial inspiration of B. Marković in his conception of the legal phenomenon. His doctoral thesis in 1930 has thus been dedicated to the relations between justice and positive law, and was in its core based on the idea of legal dualism. Later works of Marković too - until the present, manifest various aspects of that dualism between just and positive law. In his search for a just law, Marković has discerned a particular dualism within the very positive law and he has dedicated to it several of his recent studies. The author in the present article considers only Marković’s conception of dualism in the sphere of positive law. Distinguishing between sociological and state norms is has an exceptional practical significance, as well as theoretical in terms of treating the issue of the evolution of law and that of procedure of interpretation, namely implementation. The same distinguishing makes possible in the general theory and philosophy of law to find the way of reconciliation between the positivist-formalistic and socio-evolutive conceptions. In such a way it is also possible to settle in a satisfactory way the classic controversy regarding the possibility of changing the statute through custom and judicial practice, which applies also to its annulment.

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