Pravo na sjecistu politike, ekonomije i kulture (II): u modernom i u suvremenom kljucu

In: Politicka misao, Band 48, Heft 1, S. 7-38

Abstract

How is law as both a set of standards of conduct and a way of reasoning related to politics, economy and culture? The approach to the problem taken in the paper is practical and instrumental rather than theoretical for its own sake. The aim is to appraise the subject-matter with a view of facilitating its change towards the basic values of the inquiry. Since the values are postulated by a stipulative definition of law, which implies relations of law to politics, economy and even culture, it may appear that the approach unduly trivializes rather than solves the problem. The approach may nonetheless be valid, if the stipulated definition of law is sufficiently integral, that is, inclusive. To that end the paper attempts to integrate into the stipulated definition of law three major philosophical traditions, which are still building blocks of -- and hence the keys to -- contemporary doctrines and cultures. In the classical (ontological) key (which is analysed in the first part of the paper) law is conceived of as a constituting and correcting aspect of the whole consisting of politics, economy, law and religion qua centerpiece of culture. In the modem (epistemological) key (analysed in the second part of the paper) ideas of law range from the conceptions that law is the constituent of modem social systems and hence an indispensable means of identifying modem social phenomena to the theories that law, as well as politics, economy and culture, is a phenomenon reducible to its natural causes. In the contemporary (linguistic) key (also in the second part) law, which is the constituent even of religion, can be understood only from within of the culture -- including politics and economy -- into which it is woven. The three traditions differ most markedly in their views of the contact between reason and action. In contrast to the classical tradition, which recognizes that reason can be action-guiding, reason and action are in the epistemological key separated by a logical gap, whereas in the linguistic key they are hardly distinguishable. The triple solution of the problem of inquiry increases both heuristic and practical potentials of the stipulated definition of law. By integrating diverse philosophical traditions, the definition is serviceable to the integrity of a pluralistic legal order, that is, to achieving the postulated basic values within the limits of the law. However, the approach taken in the paper, while more inclusive than more partisan approaches, is still merely an approach which is in the final analysis also partisan. Moreover, when seen from a culture that has not been integrated by the definition, the approach may be parochial or even inimical. Adapted from the source document.