On the notion of autonomous law
Today there is not a single generally accepted meaning of the term law, from which arise numerous misunderstandings and different definitions. The problem becomes even more complicated if we add an attribute autonomous before the expression law. As a result, there are many schools, theories, and def...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2011-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791103163V.pdf |
| _version_ | 1818585460208828416 |
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| author | Vukadinović Gordana |
| author_facet | Vukadinović Gordana |
| author_sort | Vukadinović Gordana |
| collection | DOAJ |
| description | Today there is not a single generally accepted meaning of the term law, from which arise numerous misunderstandings and different definitions. The problem becomes even more complicated if we add an attribute autonomous before the expression law. As a result, there are many schools, theories, and definitions of autonomous law for example, social, living, and intuitive, while in practice various forms of autonomous law appear such as, customary, canon, statutory law and so on. This paper analyzes three groups of approaches to the concept of autonomous law: monistic, pluralistic, and so called statist pluralism. The author concludes that the monistic concept is incorrect, as well as the understanding of legal pluralism, if the law is reduced to the social law, or when they prefer to social to state law. An acceptable point of view is the compromise between the two and Gurvitch's definition of social law. |
| first_indexed | 2024-12-16T08:37:25Z |
| format | Article |
| id | doaj.art-5b9b3075fd9d45a09b2a7db38d7865ae |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-16T08:37:25Z |
| publishDate | 2011-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-5b9b3075fd9d45a09b2a7db38d7865ae2022-12-21T22:37:45ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552011-01-0145316317210.5937/zrpfns1103163V0550-21791103163VOn the notion of autonomous lawVukadinović Gordana0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaToday there is not a single generally accepted meaning of the term law, from which arise numerous misunderstandings and different definitions. The problem becomes even more complicated if we add an attribute autonomous before the expression law. As a result, there are many schools, theories, and definitions of autonomous law for example, social, living, and intuitive, while in practice various forms of autonomous law appear such as, customary, canon, statutory law and so on. This paper analyzes three groups of approaches to the concept of autonomous law: monistic, pluralistic, and so called statist pluralism. The author concludes that the monistic concept is incorrect, as well as the understanding of legal pluralism, if the law is reduced to the social law, or when they prefer to social to state law. An acceptable point of view is the compromise between the two and Gurvitch's definition of social law.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791103163V.pdfautonomous lawmonismpluralismstatist pluralismGeorges Gurvitch |
| spellingShingle | Vukadinović Gordana On the notion of autonomous law Zbornik Radova: Pravni Fakultet u Novom Sadu autonomous law monism pluralism statist pluralism Georges Gurvitch |
| title | On the notion of autonomous law |
| title_full | On the notion of autonomous law |
| title_fullStr | On the notion of autonomous law |
| title_full_unstemmed | On the notion of autonomous law |
| title_short | On the notion of autonomous law |
| title_sort | on the notion of autonomous law |
| topic | autonomous law monism pluralism statist pluralism Georges Gurvitch |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2011/0550-21791103163V.pdf |
| work_keys_str_mv | AT vukadinovicgordana onthenotionofautonomouslaw |