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Radmila Vasić ; Pravni fakultet Univerziteta u Beogradu, Beograd, Srbija

Puni tekst: srpski pdf 126 Kb

str. 131-149

preuzimanja: 542



The understanding and clarification of important social events as themes must
be derived from the hermeneutic code of the epoch. The millennial threshold
was marked by processes of integration and particularisation, which were observed,
as constitutive principle or principle of legitimate refutation, also in
the bringing down of socialist orders and the establishment of supranational
associations. Thus a discussion of the (empirical) position and (normative)
status of ethnic minorities must as well be positioned in a universal European
context, in which the predominant role is played by liberal theory and liberal
practice. In societies going through transformation from ideological to legal
state, answers to multi-ethnic needs must be sought in the patterns of liberal
philosophy, taking into account (a) the delusion of Western theory that the
change of regime brings about a spontaneous springing up of liberal institutions
from the socialist ruins, and (b) the possible disproof of the assertion
that the recognition of collective rights of ethnic minorities violates the liberal
principle of universal equality of citizens as abstract members of the state. On
the other hand, it is necessary to understand and acknowledge the historical
heritage when solving the issue of ethnic minority rights in the countries of
Eastern and Central Europe, since the issue was absorbed in their authoritarian
past by the ideological supranational programme. All the falsity of the
“state of peoples and ethnicities” was fully exposed at the outset of transition,
when the regime crisis arose coupled with the crisis of state identity. The
states which divided themselves and seceded did fall apart exactly along the
lines of the ethnic components. It is precisely in view of the described experience
(along with the “surplus of violence” syndrome) that the post-Yugoslavian
consolidation necessarily requires institutional guarantee and practical
recognition of particular ethnic identities.

Ključne riječi

collective rights, ethnic minorities, liberal principle, individual rights, universal equality

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