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Original scientific paper

Customary Law, its Applications and Sudies of it up to the First Half of the 20th Century

Vesna Čulinović-Konstantinović


Full text: croatian pdf 1.368 Kb

page 51-70

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Full text: english pdf 1.368 Kb

page 70-70

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Abstract

In the introduction, the author defines terms »customary law«, »customs«, »traditional society« etc., which are related to traditional norms and the social environment in which they exist. The article surveys codifications of customary norms and institutions, in different historical periods, of the territory which makes up present Yugoslavia. The end of the feudal system caused great changes which were relevant for the shaping of legal systems of various new states on the Yugoslav territory. Towards the end of the 19th century, under the influence of European trends of Historical School of law, legal historians and practitioners became interested in legal contents of traditional life. In this article, the author also analyses their studies and interests, their methods, the success of these studies, and their influence on formal legal regulations of life. The most eminent authors, whose works brought advancement in views and actual research in the middle of the 19th century, are introduced. The author defines the development of scientific interest not only among lawyers, but among ethnologists and economists as well. In conclusion, important changes in the structure of life, in the content of customary law and in its subjects are accounted for, including the influence which legal theoreticians have had on development of legal ethnology since World War II.

Keywords

Hrčak ID:

80183

URI

https://hrcak.srce.hr/80183

Publication date:

1.12.1984.

Article data in other languages: croatian

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