LUKIC (Radomir) – THEORY OF THE STATE AND LAW, French translation by Marc Gjidara, Coll. “Philosophy of Law”, No. 13
LUKIC (Radomir) – THEORY OF THE STATE AND LAW, French translation by Marc Gjidara, Coll. “Philosophy of Law”, No. 13
    LUKIC (Radomir)
    THEORY OF THE STATE AND LAW, French translation by Marc Gjidara, Coll. “Philosophy of Law”, No. 13
Édition :
    Paris
Date :
    1974
    octavo, paperback, untrimmed, (cover faded, some foxing), 600 p.
    Michel Troper's bibliographical note in the RIDC (vol. 27, 1975, no. 1, p. 286 et seq.) clearly explains the value of this publication: “Certainly, (…) we should rejoice at its publication in French. First, because translations of legal works are rare. French jurists are unfamiliar with Scandinavian realists, English positivists, or the American school of ‘sociological jurisprudence.’ They will now have a better understanding of the legal thought of socialist countries. We must therefore congratulate the editors of the ‘Philosophy of Law’ series for publishing this book, the French Center for Comparative Law for its support, and Mr. Gjidara, who translated this substantial volume into elegant and precise French and had the excellent idea of ​​providing us with an index, which was absent from the original edition and proves invaluable.” But this book is useful not only because it allows us to better understand the ideas of Yugoslav jurists and invites us to engage in dialogue and exchange, but also because similar works written by French authors are unfortunately all too rare. This undoubtedly stems from the absence of general legal theory in law degree programs. However, it must be admitted that French jurists have hardly insisted on filling this gap, and it is worth noting that legal theory is considered a fundamental discipline in many other countries and is taught from the first year. Furthermore, while Mr. Lukic does not present us with a new doctrine, he does—as is fitting—review most of the problems in legal theory and clearly establishes the connections between the proposed solutions. This means that the originality of his conception of law lies primarily in the combination of ideas. Clearly, the author has been influenced by two sources: Marxism and Western legal literature, mainly German and French. To greatly simplify, one could say that the influence of the first current is exerted primarily on discussions concerning the nature of the State and Law, while the analysis of the various specific problems raised (…) falls under one or another current of classical Western doctrine. (…) Thus, if one had to characterize this conception of law in a single word, it would be eclecticism—or perhaps syncretism—that would spontaneously come to mind.

Référence : 54597

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Mots-clés : Philosophy of Law

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