PROCEDURAL ASPECT OF LAW Cover Image

ПРОЦЕДУРАЛНИ АСПЕКАТ ПРАВА
PROCEDURAL ASPECT OF LAW

Author(s): Nikola Visković
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: As contrasted to the structural approach and causal-functional conception of law which still prevail as reductionist methods in the field of comprehending the law, the author points at some positive elements of the procedural approach which could contribute to the forming of an integral perception of law. It is a fact, namely, that legal order has as an essential and specific characteristic (as contrasted to the morale, customary and some other forms of social control) a higher degree of rationalization and formality. In other words, a signification part of its elements is to quite a degree determined in a compulsory way and in advance. This relates to legal subjects, to legal facts, to legal objects or values, to the ways of performing and expressing legal acts, to logical forms, to time and place relevant for legal acts, as well as to legal operators. Conceiving of all these circumstances should influence legal science and legal education in terms of greater taking into account and deeper study of the procedural aspect of law.

  • Issue Year: 33/1985
  • Issue No: 5-6
  • Page Range: 540-547
  • Page Count: 8
  • Language: Croatian