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ПРАВО И ИСТОРИЈА
LAW AND HISTORY

Author(s): Agneš Kartag Odri
Subject(s): History of Law
Published by: Правни факултет Универзитета у Београду
Keywords: History; Historical awareness; Legal awareness; Law as an instrument; Law as a part of civilisational culture; Reception

Summary/Abstract: In every political community, as part of its civilisational culture, there exist certain historically permanent forms of spirituality, which include also significant laws, as well as deeply rooted ideas of justice, equity and the like. These key knowledge are characterized by historical elements - the ones which influence the specific legal system of every community. The past is present in all actual social events, exerting thus necessarily an influence on the present times. Significant role is played also by historical awareness. Its structure may be compared to legal awareness, and both mentioned forms of social consciousness, in addition to the cognitive, contain also axiological moments. They may correct day-to-day picture of everyone about the past. These messages influence our general view of the world, which includes our ideas of the existing state and legal order. The relationship between the law and history may be analyzed from two different stanдрoints. If one conceives law in a narrow way, namely as a collection of norms, or an instrument for achieving specific goal - the influence of law on history is minimal. In the contrary case, if are conceives law in a wider way, namely as a part of the culture of society, mentioned influence may be rather significant.

  • Issue Year: 41/1993
  • Issue No: 1-2
  • Page Range: 136-144
  • Page Count: 9
  • Language: Serbian
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