Search results

The author looks at a book with the promising title Law and Revolution, particularly, promising to those prone to think about law strategically. Starting from the main points of the book & of some interpretations of legal history that qualify these points, the author then demonstrates how negligible appear to be the possibilities of strategic action in the renewal & development of Croatian law. Adapted from the source document.

The author discusses the relationship between Hegel & Hobbes with regard to the tradition of natural law. Both thinkers start by considering the state of nature as a construct of reason. Yet while Hobbes describes the state of nature as the original state of the human race, Hegel in describing it rejects any social context. They both present natural law as an absolute fact of the individual's freedom, starting from which the whole political community has to be erected. The essential difference between Hobbes & Hegel begins with the demonstration of the ways in which radical individualism is being transcended. Hobbes believes that natural law has only been suppressed by the predominance of a legal & political order, while according to Hegel, the state of nature is a fiction & natural law achieves its realization only in a custom-ruled community. In Hegel the system of mediation is so powerful that a return to the state of nature appears to be impossible. In Hobbes, the natural state of war of all against all (Behemoth) is latent in the political community (Leviathan). The political community (Leviathan) exists only as long as it is able to suppress chaos (Behemoth). Adapted from the source document.

Raspravljajući o porijeklu hrvatske nacije, autor u prvom dijelu odbacuje tvrdnju da se ona razvijala kao tzv. "jezična nacija". Također osporava gledište da je u tome bitnu ulogu imalo jugoslavenstvo. Zatim pokazuje da je hrvatska nacija nastala u procesu međusobnih interakcija socijalnih i povijesnih vrijednosti, koje su napokon odredile njezinu individualnost spram svake druge zajednice na cjelokupnom prostoru Srednje i Jugoistočne Europe. Sve je to autor dokazao u drugom dijelu rasprave, gdje analizira hrvatski nacionalno-politički program, koji je nastao za revolucije 1848/49. godine. U njemu su hrvatski liberali i demokrati jasno odredili individualnost hrvatske nacije i hrvatske države (ujedinjene Trojedne Kraljevine Hrvatske), i to kao jedinstvene, samostalne i autonomne moderne države u sklopu konfederalnog političkoga i društvenog sustava Srednje Europe (austrijske konfederacije). ; In the present paper the author deals with the origin and development of Croatian nation, and creation of the modern Croatian state (Tripartite Kingdom of Croatia) in the first half of the 19th century, especially during the 1848/49 revolution, at several levels: idea about nation, ideology, political and social programmes, political actions, institutions, and political community. If considered from the point of view of new socio-political processes, when transformation of a people into a modern national-political community takes place, we can see that Slavic peoples in the middle and south-eastern Europe formed multinational states, but followed some quite clear courses: formation of individual ethnic and national communities within a plural social system. Being aware of these historical processes, at the time of formation of their own national communities, these Slavic peoples (according to the level of their social and political organizations), especially in 1848, asked for a change of traditional societies and reorganization of the existing empires, not only by the language national principle, but also by the principle of sovereignty, policy of federalism and confederalism and the principles of international law and international agreement. All this should have made possible formation of essentially new political communities: individual national states within equal and democratic multinational communities, but within a new middle-class society. However, considered from the point of view of formation of the identity and individuality of Croatian nation, which is the subject of this paper, it is indisputable that Croatian national political programme and programme of confederalism as well as legal principles compatible with them (like natural and national laws, Croatian historical and constitutional laws, international law and international agreements), which were the values Croatian politicians based their national policy on since 1848, had the essential influence on the explicit quality of Croatian national-political individuality, and thus, looking historically, on the integration of Croatian nation and creation of Croatian political and state community (the united State of Croatia). The subject and vey complex structure of that political programme had an impact onto clear definition of Croatian national-political community (the united Tripartite Kingdom of Croatia) in relation to other political communities in such a multinational state as it was the Habsburg Monarchy. And that state, in their eyes should have been formed (within the new middle-class society, and a democratic and parliamentary system) on confederal basis, by means of international agreements between quite equal ethnic/national states: within the middle European Austrian confederation. In any case, Croatian nation (if we consider its national integrative processes in terms of events, in terms of idea and ideology and/or in terms of ethnic identity) was not formed nor developed as solely the so-called "language nation", as historiography would like it. For, neither is ethnos (not even ethnic community, or people, or nation, or ethnic identity) only a language-cultural category, nor the Croatian politicians and reformers took only language and culture to determine Croatian people and nation. On the contrary, Croatian nation was formed in the process of interactions of social and historical values which defined its individuality in relation to any other community on the whole area of middle and south-eastern Europe. Also, Croatian nation was not formed only as a natural community (determined by natural conditions of work and society and genealogic structure, i. e. determined by undefined Slavic union and/or undefined Slavic ethnic identity), but, in the course of processes of modernization, it was formed first of all as a historical community, based on group institutions of its own historical community. In other words, Croatian nation was formed on its own cultural, political, state and public-law traditions. It is quite clear that in this process neither Slavism, nor Illyrism, nor Yugoslavism had any role more important that the secondary one, not even for the definition of any particular ethnic identity. Illyrism and Yugoslavism had declarative ideological meaning, expressed through the idea of still non-existing community. On the contrary, Croatianism (as a national principle, as a community and as a legal, state and political system) was an expression of existence of Croatian community as reality. Thus, if we want to discuss the integration of Croatian nation and formation of Croatian political community, i. e. the united State of Croatia, we should realize that these processes were influenced by numerous values and structures, especially spiritual-cultural, political, economic, legal and social. However, the importance of political system and all its substructures – political action, political organization of the community, political programme and formation of a modern national state — should also be noted. Formation of Croatian political and state community, which was clearly stated in the Croatian national and political programme of 1848/49, assumed: 1) associating the segments of Croatian people into one political people, within one integral Croatian political community; 2) uniting of all Croatian provinces into one united Croatian state (Tripartite Kingdom of Croatia, Dreieiniges Koenigreich Kroatien). And these were the most important determinants which led to the political homogeneity and formation of Croatian nation and Croatian modern state.