ПРАВО С ГЛЕДИШТА ЊЕГОВОГ СТВАРАЊА
ON THE CREATION OF LAW

Summary/Abstract: Creation of law is an organic part of the legal process, namely of the process of creation and realisation of law. What would be the law, namely the created law, depends in essence on its creation. To create law does not mean to deal only and exclusively with technique and technology, but also to use the scientific-theoretical basis of that technique and technology. Three different dimensions are present objectively in the creation of law, namely: political vision, social architecture and legal formularization. This is why the legislator has to be a successful political visionary, an outstanding social arhitect and an irreproachable expert in legal formulation. Without these elements there could be no adequate and successful creation of legal norms. The significance and complexity of creation of law, its multi-dimensionality, as well as the responsibility of the socio-political and professional forces of society in that creation, require greater engaging of legal science in studying of that delicate socio-legal activity. Until now legal science paid more attention to the already created law, namely to the positive and historical law, and less to the creation of law. This provoked the neglecting of one of the most significant dimensions of law. It is therefore necessary along these lines to engage more intensively the legal science as well as to change the attitude of society at large towards the creation of law, while accepting more and more scientific results in the process of giving legal shape to social reality.

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