Država (dejtonska) Bosna i Hercegovina između pozitivnog i prirodnog prava ili G. W. F. Hegel o Daytonu
THE STATE OF BOSNIA AND HERZEGOVINA (DAYTON) BETWEEN POSITIVE AND NATURAL LAW OR G. W. F. HEGEL ON DAYTON

Summary/Abstract: The author tries to find out in Hegel’s philosophy of law the premises for fundamental critique of the Dayton Agreement, i.e. the Constitution of Bosnia and Herzegovina, and the political reality that has emerged as a result of this legal act. That premise is contained in Hegel’s distinction between natural of positive law. The Constitution of Bosnia and Herzegovina, and thus (Dayton) State of Bosnia and Herzegovina, is based on the positive law, not on natural law. For natural law, Hegel said that reasonable law was the fair one. Positive law, also according to Hegel, however is the law that arises from circumstances. The Constitution of Bosnia and Herzegovina, therefore, is neither fair nor ingenious. The circumstances that led to the Dayton Agreement and the current Constitution of Bosnia and Herzegovina, and that gave it meaning and purpose, were war and crimes. These circumstances do not exist any more. Therefore, the author concludes, as well as Hegel, that the act of positive law remained without meaning and without their expediency. Ergo, the Constitution (Dayton) Bosnia and Herzegovina should be changed for fundamental reasons.

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