ПРИХВАТАЊЕ И ПРИМЕНА ЖЕНСКЕ ЕТИКЕ КАО БИТАН ЕЛЕМЕНТ ИЗГРАДЊЕ ПРАВНОГ СИСТЕМА РЕПУБЛИКЕ СРБИЈЕ
ACCEPTANCE AND APPLICATION OF FEMALE ETHICS AS AN IMPORTANT ELEMENT IN THE DEVELOPMENT OF THE LEGAL SYSTEM IN THE REPUBLIC OF SERBIA

Summary/Abstract: The acceptance and the application of female ethics is an important and unavoidable element of each ethical and legal system. A proper development of a legal system of the Republic of Serbia is inconceivable without accepting and applying the principles of female ethics. The problems encountered by every modern society are resolvable only by accepting and applying the ethics of care, as a prominently female perspective of reasoning and deciding on ethical questions. The aim of this paper is to eliminate any doubt in the existence of female ethics and the feasibility of its application in the legal system of a modern state of law. The author is of die opinion that only a contextual, pluralistic, inclusive, holistic, integration and hermeneutic approach to ethical thinking and reasoning is the ultimate adequate approach in developing an ethical and legal system. The contextual approach is likely to avoid abstract moral statements, which are difficult to apply in an ethical and legal system, and focuses on particular relations and correlations. The pluralistic and the inclusive approach value the diversity and difference, which is the foundation for a proper development of a legal system. The key aspect of all dominant governing ideologies is the belief in a single appropriate mode of existence, thinking and action. By imposing traditional gender roles, such ideology makes allowances for establishing the logic of domination and oppression of women at all levels of the legal system. The pluralistic and the inclusive approaches are aimed at renouncing the logic of domination in favour of a more distinctive approach in solving ethical and legal problems imposed by the present social and legal order. The ethics based on sound principles tends to avoid the creation of such hierarchy and domination, and glorifies diversity. The holistic and the integration approach perceive all the constituent elements of a legal system in a most proper way. In the hermeneutic approach, the norm opens to the fact; the male and the female ethics, in case we have accepted such a distribution of moral reasoning, may contribute to reaching a correct moral judgment in situations when we face moral dilemmas. As it is impossible to segregate the existence of a woman and a man in terms of the quality of life in a modern state of law, it is impossible to separate, hypothetically speaking, these two kinds of ethics. They are mutually connected, supplementing one another in the best holistic manner. Speaking about a real integration, this implies that we have to accept the possibility of a methodological rather than content integration. If we accept that these two methods or modes of moral reasoning, the ethics of care ant the ethics of the universal ethical principles, we are able to form relevant ethical viewpoints within the framework of the ethical and legal system.

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