НЕКОЛИКО НАПОМEНА О ЗНАЧАЈУ ПОЈМА ЧОВЕКА ЗА ТЕОРИЈУ ПРАВА И ПРАВНУ ТЕХНИКУ
SOME REMARKS ON THE SIGNIFICANCE OF THE NOTION OF MAN IN RELATION TO THE THEORY OF LAW AND LEGAL TECHNIQUE

Summary/Abstract: The author is motivated to elaborate on this issue by the studies of professor Radomir Lukić, while the aim of this article is an attempt to answer the following two questions, namely: (i) whether the notion of man is a constitutive element of the enotion of law and what is its significance for the legal technique; (ii) whether the general theory of law (and of state) is transformed into the legal anthropology. The answers to these two questions are elaborated by 'the author in three parts. In the first part it is pointed out that the man is a constitutive element of the notion of law in the sociological, normative, and theories of law. The notion of man is a central and final point of 'the notion of law in all conceptions of law, namely if one conceives law as the world of ideas or forms of consciousness, and as the totality of social relations or norms, or as a unity of these elements. In the second part of the article the author attempts to point at the significance of the theoretical determination of law and of the ideological-political program of the ruling forces for the legal technique of the bourgeois and of the socialist legal systems in the countries of Europe, as well as for the specificity of the legal system of Yugoslavia. According to the author significant are also the notions of the state forms for the legal technical solutions of the organizing of the state power with the aim to ensure the humanization of relations and society. Third part of this study contains the elaboration of the issue of development of international and internal laws and legal science which development set up the following dilemma: whether, due to the subject matter and substance, the general theory of law and of the state includes legal anthropology, or legal anthropology is a general legal branch having its own subject-matter and substance. The reasons for this dilemma and at the same time for opting for one of the alternatives are the following: first of all, humanistic contents of internal and international laws, then theoretical viewpoints on the law, the elaboration of notions and the systematization into the elements of legal System of the internal and of international laws, and finally, preventing the ideological influences in legal science and in the legal technique. The introducing of legal anthropology in either of these ways is significant for the 'theoretical and, accordingly, for the legal technical education of students.

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