The Transition from Socialist Law and Resurgence of Traditional Law (The Case of Slovenia: The (In)adequacy of Legal Positivism)

Pavĉnik, Marijan (2005) The Transition from Socialist Law and Resurgence of Traditional Law (The Case of Slovenia: The (In)adequacy of Legal Positivism). Acta Juridica Hungarica, 46 (1-2). pp. 13-31. ISSN 1216-2574

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Abstract

In 1918, Slovenia became a constituent part of Yugoslavia. After the Second World War, Yugoslavia was reconstituted as a socialist state. When the attempts to turn Yugoslavia into a democratic country failed, Slovenia decided to become independent. As it is reflected in its new Constitution (1991), Slovenia is designed as a parliamentary republic, as a unitary state with local self-government and is strives to become a social state. During the transition from socialism, Slovenian law faced numerous challenges like the privatization of economy. The political and legal transition is still taking place. Hopefully, the entry to the European Union will give it new dimensions. Between the two world wars, Slovenian legal science was especially influenced by Austrian-German legal positivism; although the legal-comparative, sociological and axiological methods were important as well. After the Second World War, in some critical periods an apologetic legal positivism gained the upper hand in certain areas. On the other hand, new legal institutes and departments furthered the development of new sciences (criminology, sociology of law, political economy, public administration). New scientific areas emerged (comparative commercial law, comparative labour law and the law of the European Union). Some legal sciences (like criminal law) have been enriched by additional (sociological, axiological and comparative methods) methods.

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