МЕХАНИЗАМ ПРАВНОГ УРЕЂЕЊА ПОРОДИЧНИХ ОДНОСА
THE MECHANISM OF LEGAL REGULATION OF FAMILY RELATIONS

Summary/Abstract: Perceiving of the mechanism of legal regulation of family relations by using the genetic method and the construction analysis of units rather than elements, amounts to greater heuristic value. The significance of the synthetic, but also of the critical insight, is even greater since we are witnessing an ever greater acceleration of social processes and changes which could hardly be ecknowledged by means of applying tools of strictly limited scientific disciplines. Legal regulation of relations within the family is becoming more and more a controversial theoretical and practical issue. The changes are visible in defining the legal-political objectives. One endeavours to tchieve more ambitious goals, such as ensuring the needs of family or the freedom of personality. The types of legal intervention too change. The technique of resorting to morals is replaced by the one of normalisation of relationships, but also of extending public intervention by using verious techniques of guardianship. The characters and scope of legal intervention are justified by the crisis which is located in the world of experience and life, or within the system. The tendency is noticed in this process of replacing legal means and instruments for settling family conflicts, which are considered of a repressive nature, by other mainly therapeutic instruments and ways. These ways and means extend the intervention in the sphere of prevention too, which is most frequently identified with education. In any case, without further research in the field, which would provide adequate critical position, such solutions do remain in the sphere of abstract humanism which is good to serve various ideologies.

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