ИДЕАЛИСТИЧКИ И РЕАЛИСТИЧКИ ПОЈАМ ПРАВА
IDEALISTIC AND REALISTIC CONCEPTS OF THE LAW

Summary/Abstract: Law is an extremely complex phenomenon that evades precise conceptual determination. This is particulary true for the idealistic legal theories that focus on the layers of law that go beyond the discernible reality, and instead of giving preference to usefulness of the laws they vest it to justice or some other essential value. Due to these important shortcomings, special differentiation should be made between idealistic concepts of law and the idealized or ideal concepts of the law. In a conventional and operative manner, law can also be determined realistically. Nonetheless, despite the possibility of its operationalization, a precise determination of the realistic concept of law comes as no easy task due to its complex, shaded and layered nature. If we accept that law should primarily be useful and not just, then its realistic concept can be operatively determined in an expanded and a restricted sense. This allows us to further elucidate the three main layers in the concept of the law: complete (perfect), incomplete (imperfect) and unfinished (illusionary) law.

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