O POJEDINIM TEORIJSKIM I PRAKTIČNIM ASPEKTIMA PRAVNE KULTURE
ON SOME THEORETICAL AND PRACTICAL ASPECTS OF LEGAL CULTURE

Summary/Abstract: Culture is a "way of life" that is acquired through socialization and encompasses everything that has been learned and accepted in the thoughts and behaviors of those who belong to a certain social community. The concept of culture has its own legal, sociological, economic, geographical and other expressions. According to Friedman, legal culture is a network of values and attitudes related to law. Legal culture consists of those elements of culture in general - customs, opinions, ways of doing things and thoughts - which make social forces incline towards or away from law. Since justice is the conceptual basis of law, a special place belongs to responsibility for justice as a specific form of legal consciousness in the explanation of legal culture. Here, it should be emphasized that the legal norm can never fully cover the complexity and richness of real social relations to which it should be applied. There are at least two reasons for this, the first being that there is no absolute legal positivism and the second is that in some cases consistent and routine application of the law could lead to the tyranny of the law (formal logic). In this paper, which represents a research, theoretical and practical attempt, we are trying to point to just some of the essential tenets of legal culture and its impact on the legal system. Our aim is to present some important factors that largely determine the connection between law and culture and introduce the hypothesis that these two complementary terms are at the same time separate terms, which places their relationship within a certain framework. We have made an attempt to reduce the entire discourse of limited volume in the parallel complementarity of theoretical and practical aspects.

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