LEGAL AND SOCIAL CONTEXT OF (IR) RESPONSIBILITY – THEORY AND PRACTICE IN BOSNIA AND HERZEGOVINA

  • Miodrag N. Simović Faculty of Law of the University of Banja Luka
  • Dusko Vejnovic Faculty of Security Sciences of the University of Banja Luka
  • Vladimir M. Simović Faculty of Security and Protection Independent University in Banja Luka and Faculty of Law University „Vitez" - Vitez
Keywords: legal certainty, state, weakness, law, ethics, democracy

Abstract

Belief in the omnipotence of the law leads to its devaluation, just as the belief that one can do without the law results in the devaluation of norms and social anarchy. One of the significant reasons for non-compliance with norms in Bosnia and Herzegovina is ―granting‖ of rights ―without cover‖. Humanistic demands for as many rights as possible, which as ―torrents‖ flood ―social field‖, often neglect the economic and social possibilities of their realization.
In Bosnia and Herzegovina it is also necessary to establish the external authority of the system. This, above all, means establishing of respectable system of responsibility that is a derived category. Being responsible means conscientiously and professionally performing your job and function. Being irresponsible means acting differently. Being able to act differently is an indication of a system that ―does not work‖ for the proclaimed social relationship and its fundamental values, but on the contrary endangers them. Society as a broader term than the state is an alibi for all kinds of usurpations, both the power and the property.
In the small area of Bosnia and Herzegovina, there are too many universities and scientific institutes, as well as doctors of sciences, and just few practical results from that. It is expensive and often uncertain to invest in one's own mind, but buying someone else's is many times more expensive. It must be cooperated with those who know, are able and who have, and not be closed within its boundaries and paroles. The energy of science and knowledge can alleviate, and even compensate for the lack of any other form of energy. The fragmentation of scientific research institutions and programs not only weakens the possibility of significant researches, but shoots ahead any evaluation. And there, unfortunately, the science follows politics: everyone is a criterion and a reference point for himself.
The power and weakness of the law are further pointed out. The highest degree of justice and equality that the law can achieve is to help establish equality of criteria. The state is a legal order, that is, legal and absolute power. In Bosnia and Herzegovina, there is a pluralism of centers of political decision-making that opens up new opportunities for the usurpation of power, especially since wide opportunities are open for expressing different interests, which require different ways and means of preference and protection. The law is an indication of certain social relations, but at the same time an important formative factor of those relations. It directly and indirectly helps it‘s shaping; indirectly, by developing political culture (educational and pedagogical function), and directly, by its organizational-regulatory function. In these social functions, the law is a form of mediation between various social interpersonal conflicts and conflicts of interests.

Author Biography

Miodrag N. Simović, Faculty of Law of the University of Banja Luka

Judge of the Constitutional Court of Bosnia and Herzegovina

Full member of the Academy of Sciences and Arts of BiH

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Published
2020-12-16
How to Cite
N. Simović, M., Vejnovic, D., & M. Simović, V. (2020). LEGAL AND SOCIAL CONTEXT OF (IR) RESPONSIBILITY – THEORY AND PRACTICE IN BOSNIA AND HERZEGOVINA. Knowledge International Journal, 43(5), 933 - 936. Retrieved from https://ikm.mk/ojs/index.php/KIJ/article/view/4797