ОГРАНИЧЕЊА СТАВА О КЛАСНОЈ ПРИРОДИ ПРАВА
THE LIMITATIONS TO THE THESIS OF THE CLASS CHARACTER OF LAW

Summary/Abstract: It is undoubtedly true the law protects the interests of the ruling class. This is evident as far as the law of feudalism is concerned, which applies even more to that of the slave holding era. This is also true in relation to the bourgeois law, if viewed from the angle of practice, although in terms of legal forms it seems that the subjugated classes are equally protected by the law. However, in spite of its authenticity, this thesis is limited to quite a degree. Thus, the ruling class is the most progressive one and as such it protects the interests of the dominated class, although it is equally true that the specific inerests of the ruling class are better protected. Certain groups, layers and other communities within the ruling class, and between it and other classes, may become the ruling ones, endangering thus the interests of majority of the ruling class. The ruling class is sometimes compelled to make compromises with the dominated classes or groups, protecting thus their interests. In case of great emergencies for the entire society, the law protects the interests of all (i.e. war or other great dangers). The law has universal elements, which are necessary' from the point of view of logic and of society as a whole, and they are independent of volition and interests of the ruling class, Hence, the law in such a way protects all juridical subjects. (Thus, a contract implies duties both for a bourgeois and for a proletarian). The law organizes social activities and techniques while applying science, protecting thus the interest of the entire society. From the strict point of view this is not its genuine function, but it is sometimes necessary that this takes place. And finally, the socialist law in the process of withering away is protecting more and more the interest of the entire body of society.

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