Slobodan Jovanović et la tradition du libéralisme doctrinaire serbe : pour un changement du paradigme

• Main Author: Marko Božić
• Format: Article
• Language: English
• Published: Centre d'Études Balkaniques 2014-06-01
• Series: Cahiers Balkaniques
• Subjects: Theory of Law and State; Rule of law; Liberalism; Elitism; Serbia; Twentieth century
• Online Access: http://journals.openedition.org/ceb/5081

This paper tries to question one well established representation which escapes the critical approach of contemporary historiography, the idea that the dominant theory of Law and Serbian state during the so called “golden Age of serbian democracy”, followed accurately the straight line of political liberalism in the modern meaning. Precisely, the Serbian Rule of Law at the turn of the century, is not, or not only a “Rule of Law”, but first of all, faith in the strong Hegelian State as supposedly neutral and highly rationalized identity. Nevertheless of the State is the only guaranty against the negative impact of irrational factors in politics, whatever their origins, despotism of an absolute prince or of non educated people, it is because its rationality is assured by the elitist components of its Constitution, liberal but no democratic. As it depends on its legal normativism, it depends exclusively on its state origin, whatever the opinion of its addressees or of the concerned population.