Percepcije i teorije represije Kraljevine SHS 1918–1929
Perceptions and Theories of Repression in the Kingdom of Serbs, Croats and Slovenes 1918–1929

Summary/Abstract: Yugoslav legal scholars were in agreement that the state as an institution was to facilitate the protection of individual liberties, but also to limit the transgression of those liberties. The state was retaining its legitimacy even when acting against the legal norms. In commenting the necessity of state repression, legal scholars were divided along political lines. Those divisions were reflecting the coinciding shift in European legal thought and growing diversification of viewpoints on the meaning of repression. The majority of Yugoslav legal scholars accepted the concept of punishment as a form of repression and retribution, explaining it as an instrumentalisation of fear by the state authority towards the lawbreaking individual. They were also in accord regarding the unconditional punishment for the offenses questioning the state authority. Retribution for the crime or offense was to be conducted alongside with the set of preventive measures. The success of the legal system was evaluated through the equilibrium between the preventive and repressive goal in combating all sorts of criminality. However, the legal practice was quite remote from the theoretical conceptions on repression and punishment.

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