'Legality' of the legal order in postwar Serbia from 1944 to 1946: Organization and work of the judiciary
Апстракт
The judiciary in Serbia is heir to a long tradition of political influence, which was particularly visible during the Communist regime after World War II. Violations of the presumption of innocence, retroactive sentencing and a denial of basic human rights are just some of the features of the work of the postwar "judiciary" in Serbia, between 1944 and 1946. This paper analyzes the implications of revolutionary legislative activity, the structure and organization of the Military Court and the Court of Honor, and examines to what extent the dominant political culture, implemented through the state coercive apparatus, influenced judicial adjudication. The paper elaborates on Radbruch's idea of "statutory lawlessness", Fuller's notion of "procedural natural law" and "internal morality of law" and argues that the postwar law of Communist Serbia did not exercise formal and procedural justice, and cannot be called a legal system in the full sense of the word.
Кључне речи:
Military courts / formal and procedural justice / Court of Honor / Communist Serbia / "internal morality of law"Извор:
Anali Pravnog fakulteta u Beogradu, 2020, 68, 4, 158-183Издавач:
- Univerzitet u Beogradu - Pravni fakultet, Beograd
Колекције
Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Dabetić, Valerija PY - 2020 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1234 AB - The judiciary in Serbia is heir to a long tradition of political influence, which was particularly visible during the Communist regime after World War II. Violations of the presumption of innocence, retroactive sentencing and a denial of basic human rights are just some of the features of the work of the postwar "judiciary" in Serbia, between 1944 and 1946. This paper analyzes the implications of revolutionary legislative activity, the structure and organization of the Military Court and the Court of Honor, and examines to what extent the dominant political culture, implemented through the state coercive apparatus, influenced judicial adjudication. The paper elaborates on Radbruch's idea of "statutory lawlessness", Fuller's notion of "procedural natural law" and "internal morality of law" and argues that the postwar law of Communist Serbia did not exercise formal and procedural justice, and cannot be called a legal system in the full sense of the word. PB - Univerzitet u Beogradu - Pravni fakultet, Beograd T2 - Anali Pravnog fakulteta u Beogradu T1 - 'Legality' of the legal order in postwar Serbia from 1944 to 1946: Organization and work of the judiciary EP - 183 IS - 4 SP - 158 VL - 68 DO - 10.51204/Anali_PFUB_20408A UR - conv_531 ER -
@article{ author = "Dabetić, Valerija", year = "2020", abstract = "The judiciary in Serbia is heir to a long tradition of political influence, which was particularly visible during the Communist regime after World War II. Violations of the presumption of innocence, retroactive sentencing and a denial of basic human rights are just some of the features of the work of the postwar "judiciary" in Serbia, between 1944 and 1946. This paper analyzes the implications of revolutionary legislative activity, the structure and organization of the Military Court and the Court of Honor, and examines to what extent the dominant political culture, implemented through the state coercive apparatus, influenced judicial adjudication. The paper elaborates on Radbruch's idea of "statutory lawlessness", Fuller's notion of "procedural natural law" and "internal morality of law" and argues that the postwar law of Communist Serbia did not exercise formal and procedural justice, and cannot be called a legal system in the full sense of the word.", publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd", journal = "Anali Pravnog fakulteta u Beogradu", title = "'Legality' of the legal order in postwar Serbia from 1944 to 1946: Organization and work of the judiciary", pages = "183-158", number = "4", volume = "68", doi = "10.51204/Anali_PFUB_20408A", url = "conv_531" }
Dabetić, V.. (2020). 'Legality' of the legal order in postwar Serbia from 1944 to 1946: Organization and work of the judiciary. in Anali Pravnog fakulteta u Beogradu Univerzitet u Beogradu - Pravni fakultet, Beograd., 68(4), 158-183. https://doi.org/10.51204/Anali_PFUB_20408A conv_531
Dabetić V. 'Legality' of the legal order in postwar Serbia from 1944 to 1946: Organization and work of the judiciary. in Anali Pravnog fakulteta u Beogradu. 2020;68(4):158-183. doi:10.51204/Anali_PFUB_20408A conv_531 .
Dabetić, Valerija, "'Legality' of the legal order in postwar Serbia from 1944 to 1946: Organization and work of the judiciary" in Anali Pravnog fakulteta u Beogradu, 68, no. 4 (2020):158-183, https://doi.org/10.51204/Anali_PFUB_20408A ., conv_531 .