JOVANOVIĆ’S CONCEPTION OF COURT ACT

• Main Author: Sandra Pajić-Šavija
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2010-02-01
• Series: Pravo
• Subjects: Slobodan Jovanović, court act, formation of law, application of law, mechanical jurisprudence, concept of jurisprudence
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/284

Slobodan Jovanović, our eminent juridical writer, came up with his crucial standpoints on law and state in his book „About the state“. His theory of the state, based on the conception of the state as the legal subject also embraces the dissertation of state functions, particularly the function of court and role of a judge in the formation of law. Inspired by ideas of S. Montesquieu, Jovanović espouses of the rigid division of state functions, in which the role of a judge is purely grounded on application of law. State will which is reflected in the law, is the expression of legislative bodies, but the role of the court is exclusively referred to the enforcement of state will; i.e. application of the law. In the spirit of mechanical jurisprudence, S. Jovanović recognizes the act of court exclusively as an act of application of the law, by no means as an act of formation of the law.