TY  - JOUR
AU  - Avramović, Sima
PY  - 2020
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1775
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Stefan Brenne: Die Ostraka vom Kerameikos, Reichert Verlag, Wiesbaden, 1394
EP  - 183
IS  - 3
SP  - 179
VL  - 68
UR  - conv_3394
ER  - 

@article{
author = "Avramović, Sima",
year = "2020",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Stefan Brenne: Die Ostraka vom Kerameikos, Reichert Verlag, Wiesbaden, 1394",
pages = "183-179",
number = "3",
volume = "68",
url = "conv_3394"
}

Avramović, S.. (2020). Stefan Brenne: Die Ostraka vom Kerameikos, Reichert Verlag, Wiesbaden, 1394. in Anali Pravnog fakulteta u Beogradu, 68(3), 179-183.
conv_3394

Avramović S. Stefan Brenne: Die Ostraka vom Kerameikos, Reichert Verlag, Wiesbaden, 1394. in Anali Pravnog fakulteta u Beogradu. 2020;68(3):179-183.
conv_3394 .

Avramović, Sima, "Stefan Brenne: Die Ostraka vom Kerameikos, Reichert Verlag, Wiesbaden, 1394" in Anali Pravnog fakulteta u Beogradu, 68, no. 3 (2020):179-183,
conv_3394 .

TY  - JOUR
AU  - Avramović, Sima
PY  - 2018
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1728
AB  - The paper aims to examine the differences and similarities between the Dutch Civil Code of 1838 and the Serbian Civil Code of 1844. Although the historical circumstances of the two countries, their legal culture and their legal systems at the time of codification were significantly different, the author points to some similarities between their private law codes. Based on that comparison he distinguishes a more general problem of early modern codifications in the 19th century, namely the issue of legal transfers logic, causes and outcomes. Both in the cases of the Dutch and the Serbian codifications the predominant stereotype in literature are that they were more or less copies of the model codes (the French Code Civil of 1804 and the Austrian Civil Code of 1811, respectively). The author points out that only recently some diverse intonations started to appear on this matter, related to the two codifications. He stresses that in both cases legal borrowings were in many aspects inventive, innovative and influenced by a variety of other sources. The author based his conclusion on a comparative analysis of different legal identities present in the Dutch and Serbian codes. On that ground he revises the concept of mixed legal systems and suggests that mixture of legal identities should be more flexible, less demanding and open-ended notion.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844)
EP  - 37
IS  - 4
SP  - 13
VL  - 66
DO  - 10.5937/AnaliPFB1804013A
UR  - conv_3274_6
ER  - 

@article{
author = "Avramović, Sima",
year = "2018",
abstract = "The paper aims to examine the differences and similarities between the Dutch Civil Code of 1838 and the Serbian Civil Code of 1844. Although the historical circumstances of the two countries, their legal culture and their legal systems at the time of codification were significantly different, the author points to some similarities between their private law codes. Based on that comparison he distinguishes a more general problem of early modern codifications in the 19th century, namely the issue of legal transfers logic, causes and outcomes. Both in the cases of the Dutch and the Serbian codifications the predominant stereotype in literature are that they were more or less copies of the model codes (the French Code Civil of 1804 and the Austrian Civil Code of 1811, respectively). The author points out that only recently some diverse intonations started to appear on this matter, related to the two codifications. He stresses that in both cases legal borrowings were in many aspects inventive, innovative and influenced by a variety of other sources. The author based his conclusion on a comparative analysis of different legal identities present in the Dutch and Serbian codes. On that ground he revises the concept of mixed legal systems and suggests that mixture of legal identities should be more flexible, less demanding and open-ended notion.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844)",
pages = "37-13",
number = "4",
volume = "66",
doi = "10.5937/AnaliPFB1804013A",
url = "conv_3274_6"
}

Avramović, S.. (2018). Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844). in Anali Pravnog fakulteta u Beogradu, 66(4), 13-37.
https://doi.org/10.5937/AnaliPFB1804013A
conv_3274_6

Avramović S. Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844). in Anali Pravnog fakulteta u Beogradu. 2018;66(4):13-37.
doi:10.5937/AnaliPFB1804013A
conv_3274_6 .

Avramović, Sima, "Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844)" in Anali Pravnog fakulteta u Beogradu, 66, no. 4 (2018):13-37,
https://doi.org/10.5937/AnaliPFB1804013A .,
conv_3274_6 .

TY  - JOUR
AU  - Avramović, Sima
PY  - 2016
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1654
AB  - The author analyses types of religious education in European and Serbian state-run schools searching for an innovative approach to existing classifications. He suggests four criteria to differ and categorize types of religious education in public schools, claiming that the actual taxonomy is often insufficient, inconsistent or perplexed (having usually been based upon one or two elements). He proposes categorization which encompasses point of view and interests of tax payers, of the politics, of the pupils and of the religious teachers. More criteria could lead to a better assessment of particular system of religious education. He also suggests that, apart from usual categorization in confessional and non-confessional religious education, it would be useful to introduce categories like mostly confessional and mostly non-confessional, as clear-cut models are very rare. In addition to this he offers arguments why cognitive type of religious education would be more proper label instead of non-confessional. Further on the author examines controversies, disputes and manner of reintroduction of religious instruction in Serbian legislation after the fall of the communist regime in 2000 and presents the current situation, including very recent changes considering curricula. He points to some very distinctive features of religious education model in Serbia which could be of interest in comparative perspective, particularly in the time when many states in Europe tend to improve their religious education system. Finally, he points to importance of religious education in building religious identity of young generations in post-communist countries, and differs two types of religious identity - perceptive (intuitive) and cognitive (rational). He concludes that educating into religion has to exist for some time in post-communist countries due to historical circumstances (within more or less confessional model). Additionally, he finds that it should be only gradually transformed into educating about religion and education from religion pattern, fostering cognitive religious identity to strengthen parallel with the perceptive one.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Religious education in public schools and religious identity in post-communist Serbia
EP  - 56
IS  - 3
SP  - 25
VL  - 64
DO  - 10.5937/AnaliPFB1603025A
UR  - conv_3002
ER  - 

@article{
author = "Avramović, Sima",
year = "2016",
abstract = "The author analyses types of religious education in European and Serbian state-run schools searching for an innovative approach to existing classifications. He suggests four criteria to differ and categorize types of religious education in public schools, claiming that the actual taxonomy is often insufficient, inconsistent or perplexed (having usually been based upon one or two elements). He proposes categorization which encompasses point of view and interests of tax payers, of the politics, of the pupils and of the religious teachers. More criteria could lead to a better assessment of particular system of religious education. He also suggests that, apart from usual categorization in confessional and non-confessional religious education, it would be useful to introduce categories like mostly confessional and mostly non-confessional, as clear-cut models are very rare. In addition to this he offers arguments why cognitive type of religious education would be more proper label instead of non-confessional. Further on the author examines controversies, disputes and manner of reintroduction of religious instruction in Serbian legislation after the fall of the communist regime in 2000 and presents the current situation, including very recent changes considering curricula. He points to some very distinctive features of religious education model in Serbia which could be of interest in comparative perspective, particularly in the time when many states in Europe tend to improve their religious education system. Finally, he points to importance of religious education in building religious identity of young generations in post-communist countries, and differs two types of religious identity - perceptive (intuitive) and cognitive (rational). He concludes that educating into religion has to exist for some time in post-communist countries due to historical circumstances (within more or less confessional model). Additionally, he finds that it should be only gradually transformed into educating about religion and education from religion pattern, fostering cognitive religious identity to strengthen parallel with the perceptive one.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Religious education in public schools and religious identity in post-communist Serbia",
pages = "56-25",
number = "3",
volume = "64",
doi = "10.5937/AnaliPFB1603025A",
url = "conv_3002"
}

Avramović, S.. (2016). Religious education in public schools and religious identity in post-communist Serbia. in Anali Pravnog fakulteta u Beogradu, 64(3), 25-56.
https://doi.org/10.5937/AnaliPFB1603025A
conv_3002

Avramović S. Religious education in public schools and religious identity in post-communist Serbia. in Anali Pravnog fakulteta u Beogradu. 2016;64(3):25-56.
doi:10.5937/AnaliPFB1603025A
conv_3002 .

Avramović, Sima, "Religious education in public schools and religious identity in post-communist Serbia" in Anali Pravnog fakulteta u Beogradu, 64, no. 3 (2016):25-56,
https://doi.org/10.5937/AnaliPFB1603025A .,
conv_3002 .

TY  - JOUR
AU  - Avramović, Sima
PY  - 2015
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1634
AB  - The author examines different issues considering legal and social standing of mercenaries, mostly being focused upon the fourth court speech (On the Estate of Nicostratus) of the Athenian speech-writer Isaeus, teacher of Demosthenes. On the one hand, he reveals a number of neglected data about mercenaries in terms of their legal activities in and out of their native polis. On the other hand, based on those findings and on other sources, the author studies the issue of Athenian civic identity in the case of mercenaries who spent years or decades out of their city-state without participating in the political life of the polis. In that context he examines the question of whether a mercenary was regarded as politikos or idiotes. As civic identity was mostly based on the citizenship, the author claims that mercenaries enjoyed a kind of sub-identity or frozen civic identity.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Legal standing and civic identity of Athenian mercenaries: A case study
EP  - 55
IS  - 3
SP  - 40
VL  - 63
DO  - 10.5937/AnaliPFB1503040A
UR  - conv_3237_6
ER  - 

@article{
author = "Avramović, Sima",
year = "2015",
abstract = "The author examines different issues considering legal and social standing of mercenaries, mostly being focused upon the fourth court speech (On the Estate of Nicostratus) of the Athenian speech-writer Isaeus, teacher of Demosthenes. On the one hand, he reveals a number of neglected data about mercenaries in terms of their legal activities in and out of their native polis. On the other hand, based on those findings and on other sources, the author studies the issue of Athenian civic identity in the case of mercenaries who spent years or decades out of their city-state without participating in the political life of the polis. In that context he examines the question of whether a mercenary was regarded as politikos or idiotes. As civic identity was mostly based on the citizenship, the author claims that mercenaries enjoyed a kind of sub-identity or frozen civic identity.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Legal standing and civic identity of Athenian mercenaries: A case study",
pages = "55-40",
number = "3",
volume = "63",
doi = "10.5937/AnaliPFB1503040A",
url = "conv_3237_6"
}

Avramović, S.. (2015). Legal standing and civic identity of Athenian mercenaries: A case study. in Anali Pravnog fakulteta u Beogradu, 63(3), 40-55.
https://doi.org/10.5937/AnaliPFB1503040A
conv_3237_6

Avramović S. Legal standing and civic identity of Athenian mercenaries: A case study. in Anali Pravnog fakulteta u Beogradu. 2015;63(3):40-55.
doi:10.5937/AnaliPFB1503040A
conv_3237_6 .

Avramović, Sima, "Legal standing and civic identity of Athenian mercenaries: A case study" in Anali Pravnog fakulteta u Beogradu, 63, no. 3 (2015):40-55,
https://doi.org/10.5937/AnaliPFB1503040A .,
conv_3237_6 .

TY  - JOUR
AU  - Avramović, Sima
PY  - 2011
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1490
AB  - U javnoj raspravi na Ustavnom sudu Srbije 2010. godine razmatran je jedan broj osporenih odredbi Zakona o crkvama i verskim zajednicama. Autor izlaže stavove koje je zauzeo tom prilikom, u nastojanju da dokaže da odredbe koje razlikuju tradicionalne u odnosu na druge crkve i verske zajednice nisu neustavne ni diskriminatorne, kao i da uslovi koje Zakon predviđa za registrovanje crkava i verskih zajednica ne vređaju ni forum internum ni forum externum verske slobode, već da su u skladu s evropskim standardima i praksom. Posebnu pažnju poklanja pitanju da li pominjanje načela svetovnosti (sekularnosti) i odvojenosti države, crkava i verskih zajednica u Ustavu od 2006. godine per se isključuje mogućnost i ustavnost uspostavljanja modela kooperativne odvojenosti crkava i verskih zajednica. Taj model je sve rašireniji u Evropi i u osnovi je afirmisan u Srbiji ne samo osporenim zakonom, već i pojedinim zakonima koji su donošeni pre i posle njega, naročito onim koji su uveli versku nastavu u državnim školama, a koji su već preživeli test ustavnosti pred Ustavnim sudom Srbije 2003. godine.
AB  - The author offers his views presented at the public hearing before the Constitutional Court of the Republic of Serbia on constitutionality of certain norms of the Act on Churches and Religious Communities of 2006. Firstly, on the basis of comparative, theoretical and normative analysis, he argues against the claim that any differentiation between traditional and other churches and religious communities is discriminatory and unconstitutional. He finds that the Serbian criterion of classification has been derived from the legal status that particular churches and religious communities had acquired before the World War Two, which they were therafter deprived of by the communist regime. He asserts that the criterion is set forth clearly, firmly and appropriately, with reasonable justification, as well as that it is more objective than, for example, the number of followers or long presence, which are usually applied in other legal systems for the purpose of defining traditional or some other category of religious institutions with special status. The motive and goal of its application is a specific kind of restoration of once attained legal status, in the manner similar to the restitution of nationalized property. Secondly, the author emphasizes that demands imposed upon other religious entities who wish to be registered are not burdensome or discriminatory, but are in fact in accordance with European standards and solutions in comparative law. The Serbian solution takes the middle path by requiring a threshold number of followers of 0,001% of the population (100 nationals or foreign citizens altogether). Thirdly, the author points to the outdated perception of secularity that came to light in some discussions at the hearing before the Constitutional Court, and argues instead that the principle of separation of state and church comprises not only strict, but also cooperative separation, including possible presence of religious organizations in the public sphere. Finally, along the same lines, he refers to the recent ECHR Grand Chamber judgment in the case Lautzi v. Italy, as well as to the recent decision of the Constitutional Court of Austria, declaring that the displaying of crucifix or cross in state educational institutions did not breach the right to secular education or violated in any other way the European Convention on Human Rights Art. 9. Those rulings post a significant road sign which warns that a more comprehensive understanding of secularity in modern democratic Europe is right ahead of us.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Poimanje sekularnosti u Srbiji - refleksije sa javne rasprave u Ustavnom sudu
T1  - Understanding secularity in Serbia: Reflections on public hearing in the Constitutional Court
EP  - 301
IS  - 2
SP  - 279
VL  - 59
UR  - conv_3134_6
ER  - 

@article{
author = "Avramović, Sima",
year = "2011",
abstract = "U javnoj raspravi na Ustavnom sudu Srbije 2010. godine razmatran je jedan broj osporenih odredbi Zakona o crkvama i verskim zajednicama. Autor izlaže stavove koje je zauzeo tom prilikom, u nastojanju da dokaže da odredbe koje razlikuju tradicionalne u odnosu na druge crkve i verske zajednice nisu neustavne ni diskriminatorne, kao i da uslovi koje Zakon predviđa za registrovanje crkava i verskih zajednica ne vređaju ni forum internum ni forum externum verske slobode, već da su u skladu s evropskim standardima i praksom. Posebnu pažnju poklanja pitanju da li pominjanje načela svetovnosti (sekularnosti) i odvojenosti države, crkava i verskih zajednica u Ustavu od 2006. godine per se isključuje mogućnost i ustavnost uspostavljanja modela kooperativne odvojenosti crkava i verskih zajednica. Taj model je sve rašireniji u Evropi i u osnovi je afirmisan u Srbiji ne samo osporenim zakonom, već i pojedinim zakonima koji su donošeni pre i posle njega, naročito onim koji su uveli versku nastavu u državnim školama, a koji su već preživeli test ustavnosti pred Ustavnim sudom Srbije 2003. godine., The author offers his views presented at the public hearing before the Constitutional Court of the Republic of Serbia on constitutionality of certain norms of the Act on Churches and Religious Communities of 2006. Firstly, on the basis of comparative, theoretical and normative analysis, he argues against the claim that any differentiation between traditional and other churches and religious communities is discriminatory and unconstitutional. He finds that the Serbian criterion of classification has been derived from the legal status that particular churches and religious communities had acquired before the World War Two, which they were therafter deprived of by the communist regime. He asserts that the criterion is set forth clearly, firmly and appropriately, with reasonable justification, as well as that it is more objective than, for example, the number of followers or long presence, which are usually applied in other legal systems for the purpose of defining traditional or some other category of religious institutions with special status. The motive and goal of its application is a specific kind of restoration of once attained legal status, in the manner similar to the restitution of nationalized property. Secondly, the author emphasizes that demands imposed upon other religious entities who wish to be registered are not burdensome or discriminatory, but are in fact in accordance with European standards and solutions in comparative law. The Serbian solution takes the middle path by requiring a threshold number of followers of 0,001% of the population (100 nationals or foreign citizens altogether). Thirdly, the author points to the outdated perception of secularity that came to light in some discussions at the hearing before the Constitutional Court, and argues instead that the principle of separation of state and church comprises not only strict, but also cooperative separation, including possible presence of religious organizations in the public sphere. Finally, along the same lines, he refers to the recent ECHR Grand Chamber judgment in the case Lautzi v. Italy, as well as to the recent decision of the Constitutional Court of Austria, declaring that the displaying of crucifix or cross in state educational institutions did not breach the right to secular education or violated in any other way the European Convention on Human Rights Art. 9. Those rulings post a significant road sign which warns that a more comprehensive understanding of secularity in modern democratic Europe is right ahead of us.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Poimanje sekularnosti u Srbiji - refleksije sa javne rasprave u Ustavnom sudu, Understanding secularity in Serbia: Reflections on public hearing in the Constitutional Court",
pages = "301-279",
number = "2",
volume = "59",
url = "conv_3134_6"
}

Avramović, S.. (2011). Poimanje sekularnosti u Srbiji - refleksije sa javne rasprave u Ustavnom sudu. in Anali Pravnog fakulteta u Beogradu, 59(2), 279-301.
conv_3134_6

Avramović S. Poimanje sekularnosti u Srbiji - refleksije sa javne rasprave u Ustavnom sudu. in Anali Pravnog fakulteta u Beogradu. 2011;59(2):279-301.
conv_3134_6 .

Avramović, Sima, "Poimanje sekularnosti u Srbiji - refleksije sa javne rasprave u Ustavnom sudu" in Anali Pravnog fakulteta u Beogradu, 59, no. 2 (2011):279-301,
conv_3134_6 .

TY  - JOUR
AU  - Avramović, Sima
PY  - 2010
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1472
AB  - U radu se ukazuje na neke dileme i stereotipe vezane za Sretenjski ustav iz 1835. godine, koji su se duboko usadili u srpskoj literaturi i svesti. Autor smatra da ih je potrebno preispitati i nudi jedan broj argumenata kao osnov i podstrek za dalja istraživanja. On iznosi neke elemente u korist shvatanja da sretenjski akt treba tretirati kao prvi srpski ustav, da Sretenjski ustav nije nametnut knezu Milošu Miletinom bunom, već da ga je on iskreno želeo i znatno ranije započeo njegovo pripremanje, kao i da je želeo da Ustav spase a ne da je jedva dočekao negativnu reakciju velikih sila, zbog čega je morao da ga suspenduje posle samo šest nedelja. Potom procenjuje da se Miloš pri odluci o donošenju Ustava nije rukovodio isključivo ličnim motivima, već da ga je smatrao važnim instrumentom za ustanovljavanje srpske državne samostalnosti. Nadalje, preispituje stereotip o Dimitriju Davidoviću kao odlučujućem tvorcu Sretenjskog ustava, kao i o francuskom uticaju na njegovo donošenje. Konačno, kritikuje mišljenje o beznačajnosti prava za formiranje nacionalne svesti kod Srba i ukazuje na veliki zakonodavni zamah tridesetih godina XIX veka nošen upravo tom svešću, koji je pored Sretenjskog ustava iznedrio i Srpski građanski zakonik 1844. godine. Na osnovu svega zaključuje da pred mladim istraživačima još uvek postoje široki neistraženi prostori pogotovo u pogledu uticaja stranih pravnih sistema na donošenje Sretenjskog ustava.
AB  - The author points to a few strongly rooted stereotypes regarding the first Serbian Constitution of Sretenje adopted in 1835. He calls for their re-evaluation and offers new arguments as a starting point to encourage further research.105 There are scholars who raise the question whether the 1835 act was the first Serbian constitution. Some claim that there were previous historical documents, which were of constitutional character, while others contest the constitutional nature of the 1835 act, due to the lack of formal sovereignty of Serbia in that time. In the authors view the Constitution of Sretenje had sufficient formal and substantial elements comparable to other contemporary European constitutions. The author is of opinion that the Constitution was not imposed to then Serbian prince Milosh as an aftermath of the rebellion of the influential leader, Mileta, in 1835. Prince Milosh sincerely wanted to provide a constitution for the country and had ordered its drafting five years before the rebellion took place. The author offers evidence that prince Milosh vigorously tried to save the Constitution after the strong negative reactions to its adoption, which came from Russia, Turkey and Austria. The three powers considered the Constitution to be revolutionary, modern and dangerous for their countries which was particularly the case of its Chapter XI, providing on civil rights and liberties. The Serbian prince was therefore pressed to suspend the Constitution unwillingly only six weeks after its adoption. The author tries to prove that prince Milosh was in favour of adopting the Constitution not only for his own personal advantage. He perceived it as an important instrument of creating national identity and independence. Two more stereotypes are re-examined. One concerns the scope of contribution of Dimitrije Davidović to the Constitutional drafting, for he is traditionally believed to be the author of the Constitutional text. The other is the cliche about the influences of the French constitutional documents upon the provisions of the first Serbian constitution. In conclusion the author disagrees with the prejudice that law was irrelevant factor in the process of creation of the national conscience among Serbs. On the contrary, rather strong legislative efforts of the mid 30s of the 19th century have brought about not only the first Serbian Constitution, but also the emergence of the first code. It was the Serbian Civil Code, adopted in 1844, which was among the first in Europe. He concludes that all stereotypes existing in respect of the Constitution of Sretenje must be thoroughly researched, which is particularly the case of the one concerning sources of foreign influences upon the Constitution.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - Sretenjski ustav - 175 godina posle
T1  - The first Serbian Constitution of Sretenje (Candlemass): 175 years after
EP  - 65
IS  - 1
SP  - 36
VL  - 58
UR  - conv_3084_6
ER  - 

@article{
author = "Avramović, Sima",
year = "2010",
abstract = "U radu se ukazuje na neke dileme i stereotipe vezane za Sretenjski ustav iz 1835. godine, koji su se duboko usadili u srpskoj literaturi i svesti. Autor smatra da ih je potrebno preispitati i nudi jedan broj argumenata kao osnov i podstrek za dalja istraživanja. On iznosi neke elemente u korist shvatanja da sretenjski akt treba tretirati kao prvi srpski ustav, da Sretenjski ustav nije nametnut knezu Milošu Miletinom bunom, već da ga je on iskreno želeo i znatno ranije započeo njegovo pripremanje, kao i da je želeo da Ustav spase a ne da je jedva dočekao negativnu reakciju velikih sila, zbog čega je morao da ga suspenduje posle samo šest nedelja. Potom procenjuje da se Miloš pri odluci o donošenju Ustava nije rukovodio isključivo ličnim motivima, već da ga je smatrao važnim instrumentom za ustanovljavanje srpske državne samostalnosti. Nadalje, preispituje stereotip o Dimitriju Davidoviću kao odlučujućem tvorcu Sretenjskog ustava, kao i o francuskom uticaju na njegovo donošenje. Konačno, kritikuje mišljenje o beznačajnosti prava za formiranje nacionalne svesti kod Srba i ukazuje na veliki zakonodavni zamah tridesetih godina XIX veka nošen upravo tom svešću, koji je pored Sretenjskog ustava iznedrio i Srpski građanski zakonik 1844. godine. Na osnovu svega zaključuje da pred mladim istraživačima još uvek postoje široki neistraženi prostori pogotovo u pogledu uticaja stranih pravnih sistema na donošenje Sretenjskog ustava., The author points to a few strongly rooted stereotypes regarding the first Serbian Constitution of Sretenje adopted in 1835. He calls for their re-evaluation and offers new arguments as a starting point to encourage further research.105 There are scholars who raise the question whether the 1835 act was the first Serbian constitution. Some claim that there were previous historical documents, which were of constitutional character, while others contest the constitutional nature of the 1835 act, due to the lack of formal sovereignty of Serbia in that time. In the authors view the Constitution of Sretenje had sufficient formal and substantial elements comparable to other contemporary European constitutions. The author is of opinion that the Constitution was not imposed to then Serbian prince Milosh as an aftermath of the rebellion of the influential leader, Mileta, in 1835. Prince Milosh sincerely wanted to provide a constitution for the country and had ordered its drafting five years before the rebellion took place. The author offers evidence that prince Milosh vigorously tried to save the Constitution after the strong negative reactions to its adoption, which came from Russia, Turkey and Austria. The three powers considered the Constitution to be revolutionary, modern and dangerous for their countries which was particularly the case of its Chapter XI, providing on civil rights and liberties. The Serbian prince was therefore pressed to suspend the Constitution unwillingly only six weeks after its adoption. The author tries to prove that prince Milosh was in favour of adopting the Constitution not only for his own personal advantage. He perceived it as an important instrument of creating national identity and independence. Two more stereotypes are re-examined. One concerns the scope of contribution of Dimitrije Davidović to the Constitutional drafting, for he is traditionally believed to be the author of the Constitutional text. The other is the cliche about the influences of the French constitutional documents upon the provisions of the first Serbian constitution. In conclusion the author disagrees with the prejudice that law was irrelevant factor in the process of creation of the national conscience among Serbs. On the contrary, rather strong legislative efforts of the mid 30s of the 19th century have brought about not only the first Serbian Constitution, but also the emergence of the first code. It was the Serbian Civil Code, adopted in 1844, which was among the first in Europe. He concludes that all stereotypes existing in respect of the Constitution of Sretenje must be thoroughly researched, which is particularly the case of the one concerning sources of foreign influences upon the Constitution.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Sretenjski ustav - 175 godina posle, The first Serbian Constitution of Sretenje (Candlemass): 175 years after",
pages = "65-36",
number = "1",
volume = "58",
url = "conv_3084_6"
}

Avramović, S.. (2010). Sretenjski ustav - 175 godina posle. in Anali Pravnog fakulteta u Beogradu, 58(1), 36-65.
conv_3084_6

Avramović S. Sretenjski ustav - 175 godina posle. in Anali Pravnog fakulteta u Beogradu. 2010;58(1):36-65.
conv_3084_6 .

Avramović, Sima, "Sretenjski ustav - 175 godina posle" in Anali Pravnog fakulteta u Beogradu, 58, no. 1 (2010):36-65,
conv_3084_6 .

TY  - JOUR
AU  - Avramović, Sima
PY  - 2010
UR  - https://ralf.ius.bg.ac.rs/handle/123456789/1451
AB  - The so called Bologna process has incited a kind of cultural revolution in law schools curricula all over Europe. Positivistic and empirical approaches, practical specializations and utilitarian demands are given priority by the Bologna reforms. The process compresses the teaching of legal history into fewer courses, emphasizing professional and applied learning outcomes over the traditional liberal arts-centered model of legal education. Skills and practical knowledge are favored, sometimes at the expense of gaining a profound comprehension and intellectual understanding of the underlying principles of law and the social and historical dynamic through which they developed. I believe that seemingly impractical topics like legal history actually strengthen the applied portion of the curriculum. In reality, nothing is as practical, particularly in a time of rapid social and technological change, as a clear appreciation of the historical, moral and ethical principles that form the basis of the modern legal order. Modernizing legal pedagogy must include, inter alia, major adjustments in the subjects taught. Consequently, at the University of Belgrade Law Faculty, the basic course in legal history that was inherited from the socialist curricula, General History of State and Law, was first updated into General Legal History, and, through a second step, into Comparative Legal Traditions. This evolution is not merely terminological. The modernized courses are more pragmatic (bringing Serbian legal education into conformity with similar classes at universities worldwide), theoretical (emphasizing the inseparable linkage between legal history and comparative law, as stressed by Kaser, Watson, Glenn, Zimmerman and many others) and pedagogical (offering more applied knowledge to students). They conceptualize the subject differently in at least two ways: firstly, the focus is transferred from the abstract, universalist concept of general (legal) history (Weltgeschichte) to the more neutral, theoretically less demanding comparative approach. Secondly, the change encompasses a partial shift from history (implying the processes have been completed) to tradition (pointing to living traces of previous legal development, defined by Glenn as the presence of the past). The subject is now more oriented towards a better understanding of the roots of current legal doctrine and of the likely shape of future legal changes. The new approach favors understanding of law in the context of legal transplants, diffusion and harmonization of law, of the interaction and internal dynamics of legal systems, as well as an awareness that the era of autonomous and isolated national legal systems is ending. The second change - in teaching methods, has shifted from formal lectures to interactive learning through Clinical Legal History. Students are engaged by playing roles in historical court cases. Court simulations of cases from ancient Athens or Rome enable students to develop legal reasoning and imagination, train their rhetorical skills, develop their creative understanding of legal terminology, learn about procedural maneuvers, build up argumentation, become familiar with the legal decision making processes and gain an appreciation that legal principles, institutions, rules and judiciary experience do not apply only to ancient courtrooms. Students gain a deeper understanding of how previous societies dealt with legal dilemmas that parallel contemporary legal problems. Acting as an Athenian jury, for example, teaches students both the values and the dangers inherent in a more democratic judicial system. This broad understanding of legal traditions may build a prospective barrier against the hurricane of positivist and pragmatic challenges that threaten to turn lawyers into mere technical specialists.
T2  - Anali Pravnog fakulteta u Beogradu
T1  - From general legal history towards comparative legal traditions
EP  - 39
IS  - 3
SP  - 20
VL  - 58
UR  - conv_3140
ER  - 

@article{
author = "Avramović, Sima",
year = "2010",
abstract = "The so called Bologna process has incited a kind of cultural revolution in law schools curricula all over Europe. Positivistic and empirical approaches, practical specializations and utilitarian demands are given priority by the Bologna reforms. The process compresses the teaching of legal history into fewer courses, emphasizing professional and applied learning outcomes over the traditional liberal arts-centered model of legal education. Skills and practical knowledge are favored, sometimes at the expense of gaining a profound comprehension and intellectual understanding of the underlying principles of law and the social and historical dynamic through which they developed. I believe that seemingly impractical topics like legal history actually strengthen the applied portion of the curriculum. In reality, nothing is as practical, particularly in a time of rapid social and technological change, as a clear appreciation of the historical, moral and ethical principles that form the basis of the modern legal order. Modernizing legal pedagogy must include, inter alia, major adjustments in the subjects taught. Consequently, at the University of Belgrade Law Faculty, the basic course in legal history that was inherited from the socialist curricula, General History of State and Law, was first updated into General Legal History, and, through a second step, into Comparative Legal Traditions. This evolution is not merely terminological. The modernized courses are more pragmatic (bringing Serbian legal education into conformity with similar classes at universities worldwide), theoretical (emphasizing the inseparable linkage between legal history and comparative law, as stressed by Kaser, Watson, Glenn, Zimmerman and many others) and pedagogical (offering more applied knowledge to students). They conceptualize the subject differently in at least two ways: firstly, the focus is transferred from the abstract, universalist concept of general (legal) history (Weltgeschichte) to the more neutral, theoretically less demanding comparative approach. Secondly, the change encompasses a partial shift from history (implying the processes have been completed) to tradition (pointing to living traces of previous legal development, defined by Glenn as the presence of the past). The subject is now more oriented towards a better understanding of the roots of current legal doctrine and of the likely shape of future legal changes. The new approach favors understanding of law in the context of legal transplants, diffusion and harmonization of law, of the interaction and internal dynamics of legal systems, as well as an awareness that the era of autonomous and isolated national legal systems is ending. The second change - in teaching methods, has shifted from formal lectures to interactive learning through Clinical Legal History. Students are engaged by playing roles in historical court cases. Court simulations of cases from ancient Athens or Rome enable students to develop legal reasoning and imagination, train their rhetorical skills, develop their creative understanding of legal terminology, learn about procedural maneuvers, build up argumentation, become familiar with the legal decision making processes and gain an appreciation that legal principles, institutions, rules and judiciary experience do not apply only to ancient courtrooms. Students gain a deeper understanding of how previous societies dealt with legal dilemmas that parallel contemporary legal problems. Acting as an Athenian jury, for example, teaches students both the values and the dangers inherent in a more democratic judicial system. This broad understanding of legal traditions may build a prospective barrier against the hurricane of positivist and pragmatic challenges that threaten to turn lawyers into mere technical specialists.",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "From general legal history towards comparative legal traditions",
pages = "39-20",
number = "3",
volume = "58",
url = "conv_3140"
}

Avramović, S.. (2010). From general legal history towards comparative legal traditions. in Anali Pravnog fakulteta u Beogradu, 58(3), 20-39.
conv_3140

Avramović S. From general legal history towards comparative legal traditions. in Anali Pravnog fakulteta u Beogradu. 2010;58(3):20-39.
conv_3140 .

Avramović, Sima, "From general legal history towards comparative legal traditions" in Anali Pravnog fakulteta u Beogradu, 58, no. 3 (2010):20-39,
conv_3140 .