ПРАВНА ДРЖАВА КАО ПРАВНА МИСАО И КАО ПРАВНО ИСКУСТВО
THE STATE OF LAW AS A LEGAL THINKING AND LEGAL EXPERIENCE

Summary/Abstract: The state of law as a legal thinking and legal experience - due to theoretical objections and pragmatic challenges is, at the same time, a "non-law state". Therefore this notion should be conceived as an attempt to provide necessary lawful form to theoretical and practical conflicts. Since such goal is impossible to reach in an adequate way, the reason is found for the evolution of "state" with laws" up to the state of law", as well as for devolution of the state of law down to the state with laws. This, however, does not mean that the idea of state of law should be rejected, since it was instrumental in establishing collective awareness and values which were close to the idea of justice with the man in its center. This in fact is the present-day goal of the state of law. The state of law (or the one of the rule of law) as a legal thinking and as legal experience has never been realized in the way it has been conceived originally. This, however, does not diminish the need for striving toward an ever better, and best, state of law. Such an effort is the only firm proof that principal civilisational achievements have not yet been abandoned, namely the ones which have been in the very' foundations of the original idea of the state of law.

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