Metodološki modeli opšte teorije prava
Methodological Models Of The General Theory Of Law

Summary/Abstract: There are two governing views on the general theory of law in the European law thought: synthetic and analytic. With the passage of time, the analytic model has emerged earlier, but synthetic model is the most widely spread model of the general theory of law. 1) Synthetic Model. In the general theory of law in Serbia, Toma Živanović and Radomir Lukić, particularly Živanović, have contributed their crowning achievements to the construction of the synthetic model. Živanović's synthetic model of the general theory of law is based upon the far-reaching synthesis of the knowledge on law, starting from the basic concepts of the special law sciences, through intermediary and basic law concepts of higher law sciences to the basic law concepts of the highest law science (general theory of law). The basic Živanović's method is the method of generalizing abstraction, synthesis – explicative noncausal synthesis. Also, he used other logical methods, first of all the method of analysis, which precedes the synthetic method. Lukić's attempt to construct the general theory of law, as a generalizing science, is less successful than Živanović's creative undertaking from the logical point of view. 2) Analytic Model. The general theory of law originally appeared as an analytic theory of law in England in the 30s of the 19th century with John Austin, its founder. With the advent of Kelsen and his pure theory of law, analytic theory of law gets almost perfect logical form. The analytic theory of law affirms the general theory of law as a law science and the method of structural analysis as a principal method of study and creation of the general theory of law. Kelsen's methodical procedure of structural analysis falls in the explicative functional analysis (as a higher degree of descriptive analysis). Contributions of the analytic theory of law, specifically those of Kelsen, are enormous. Kelsen has precisely confined the theory of law as a general law science from the sciences and disciplines on law: sociology of law, history of law, psychology of law and philosophy of law. In addition, analytic model has singled out some basic law concepts unknown to the synthetic theories of law, such as particularly is the concept of assignment. Also of paramount interest is Kelsen's understanding of validity of legal norms and understanding of legal norms as depscychologized commands, particularly his dynamic understanding of law as a process of self-creation of law, the process within which each legal cat (except the act of carrying out) is at the same time the act of creation and act of application of law as well.

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