ЉУДСКО ДОСТОЈАНСТВО И ДРЖАВНО-ПРАВНИ ПОРЕДАК
HUMAN DIGNITY, THE LEGAL ORDER AND THE STATE

Summary/Abstract: If the essay were judged by the approach to the subject-matter, the method of dealing with it and its substance, it could be classified under philosophy of state and law. Having determined the concept of human dignity, the author points out the nature of its ties with the legal order and the state. Finding support in the ideas of Kant, Hegel and Marx, the author emphasizes the assumption of the progressive historical affirmation of human dignity. In that connection it also becomes the basis for the establishment of the identity of state and law (simultaneously or instead of the categories of the so-called natural law, justice etc.), as well as the necessary reputation of the state (or governmental) and legal institutions. Consequently, the author asserts that it was in the developed middle-class society, on a capitalist basis, in the modern times, that there were created foundations of human dignity, and besides that, by the establishment of its primary ties with the legal order of the state. But, in modem society, there are two advers political regimes (or systems), the attitudes of which are decisive for the actual existence of human dignity. Pointing out the elements of form and substance of these regimes, the author states the fact that in a democracy, naturally in accordance with its development and values, there is also room for human dignity; in an autocracy or tyranny, on the other hand, there is the tendency of total elimination of this essential human value. With regard to this, the author is of the opinion that history impressively underlines that the solution of the dilemma and the real way out lies in the establishment of authentic socialism. In a socialism of that kind, humanism and self-government are essential, while the legal order and the state have, besides all else, the role of protectors of human dignity.

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