ДРУШТВЕНЕ ОСНОВЕ ПРАВНЕ ДРЖАВЕ: ПРИМЕР СРБИЈЕ
SOCIAL FOUNDATIONS OF THE RULE OF LAW: A SERBIAN CASE STUDY

Summary/Abstract: The article deals with the analysis of the social foundations of the rule of law in Serbia. The rule of law in conceived as a mechanism for establishing and maintaining balance of social interests and powers. However, not every balance of interest will result in a rule of law – for that a set meta-legal ideals is needed (from natural law to human rights). Furthermore, the rule of law, as well as democracy, requires certain social foundations – strong and well articulated social interests. In the contemporary social context these are found at the market and in the middle classes. Market actors (firms and entrepreneurs) and members of middle classes protect their investments, development plans, economic and other interest with a set of (self)restraining rules.

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