Država i vladavina prava
The State and Rule of Law

Summary/Abstract: For the sake of our analysis it should be therefore determined, purely in terms of concepts, that a modern State is an institutional group with governance that has been succeeding in its aspiration to monopolize the utilization of legitimate physical violence, within boundaries of some territory, as means of governance and in that aim, cohered material assets within their leaders’ hands, and having all of its independent holders that previously on the basis of personal rights had had disposal of these assets, deprived of these rights and replaced themby putting itself in their place, respectively at the very top. Therefore, the features of the state are more indicative of people, the society respectively, than of authorities that personify the state, so terms such as legality and legitimacy arise as the relationship between law and morality, which represent traditionally ongoing issues of jurisprudence and legal philosophy.

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