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Mentalities and passing of laws - A timely example

Gordan Črpić

Puni tekst: hrvatski PDF 1.387 Kb

str. 155-169

preuzimanja: 284



The author discusses the respect of laws as fundamental for the functioning of a State based on the rule of law. Since such functioning is taken for granted in Croatia where the rule of law does not function effectively, the author explores the causes of this paradox and finds them in an inherited mentality and views. The enacted and well conceived laws should not be something depending on how they are interpreted. Conversely, laws must reflect and regulate the situation in a concrete society, in this case Croatian, such as the current legislative project covering family, marriage and extramarital couples, as well as the protection from violence in families. That points to the fact that even this legislation fails to reflect the existing state of the Croatian society, although conceived ideally-typically. These laws seem to address another society and another system of values, independent of the majority of the Croatian citizens. For the creation of a positive climate for both ethical and legal acceptability of these laws the author refers to an earlier serious analysis of the present state of affairs, the results of which should be taken into consideration when promulgating new laws which must be imperatively drafted for concrete Croatian citizens.

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