СУЧЕЉАВАЊЕ ЈУСНАТУРАЛИЗМА И МАРКСИЗМА
CONFRONTING JUSNATURALISM AND MARXISM

Summary/Abstract: The problem of jusnaturalism and marxism viewed through their relationship has been insufficiently treated. In order to attempt such treatment, it is necessary first of all to describe these two courses of socio-political thinkings, and then to put forward a corresponding definition of law. This enables legal-philosophical consideration of a series of important issues, and first of all the distinguishing beteween „the natural law" and „the positive law". This also requires knowlede, and a thorough one too, of the entire theory of Marx, then the explanation of the notion of „nature" and of the property of „naturalness", and more particularly one should emphasize the critical consideration of the „positive law", both in the sphere of jusnaturalism and of marxism. According to the author, in all stages of his creation, Marx has always distinguished the „natural law" from the „positive law". This has been done by Marx also implicitely. The author makes relevant quotations, which help also in making corresponding conclusions. Naturally, due to different approaches and ways of interpreting Marx, two tendencies did shape accordingly until now, namely: the first one, which is expressed in Bolshevism and Stalinism, denies any connection between marxism and jusnaturalism; the second one, the tendency which found its expression at Austrian marxists, emphasizes that there exists marxian reception of some basic ideas of jusnaturalism; however, the most significant in elaborating this conception is E. Bloch who did research in the sphere of natural law and human dignity within the framework of utopian thinking; the third tendency, which is mostly represented by H. Kelsen, affirms that jusnaturalism and marxism are identical since they emphasize under the title „natural law" only ideological principles — and this has no connection with the reality. Due to the above, the author points at the need for a deeper and more modem research of Marx and marxism since only in such a way one could be able to inquire into the relationship between marxism and jusnaturalism. According to the author, Marx has treated the „positive law" as a complex of the existing regulations, but he has constantly warned about the existence of another deeper „layer" of law, and this layer is, mainly, that what is called „natural law". After pointing at the main values in the sphere of law (man, his dignity, freedom, equality, justice, basic human rights), the author concludes that jusnaturalism and marxism are connected, both in terms of history and reason; they could be therefore viewed also as a problem of „marxist jusnaturalism".

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