History of legal education in Serbia
Encyclopedia
The roots of law
, legal thought and education in Serbia
go back to the 13th century. This is owed to Rastko Nemanjić, who was declared a saint under the name St. Sava. Rastko, the brother of the first Serbian king Stefan Nemanjić, was the founder of not only the ecclesiastical independence (autocephaly
of the Serbian church
in 1219), but he also has instituted the Serbian education, literature, health, the legal system and science.
At the same time when John of England
released the famous Magna Carta Libertatum in Latin
, in Serbia St. Sava has prepared and published in his native language a collection of both church and secular regulations under the name Nomocanon
. In conjunction with the monumental lawmaking initiative of Stefan Uroš IV Dušan of Serbia
in 1349, the Dušan's Code
, which was written in Serbian as well, these acts constitute the foundation of the Serbian legal culture. Even during the long-lasting rule of the Turks
, which began in the mid-15th century, Serbian law has survived through the practice of the Serbian Orthodox Church
, which still considers the Nomocanon its official codex. However, only liberation from the Turkish authorities, starting in the 19th century, enabled the full bloom of Serbian legal science and education.
At some stage in the struggle for national liberation from the Turks during the First Serbian Uprising
that started in 1804, the Belgrade Higher School was founded in 1808. The classes lasted three years and in addition to general subjects the curriculum included comparative and state (constitutional) law
, international law
, criminal law
and judicial procedure. Therefore, there are many historians who believe that it is justified to perceive that the foundation of modern education in Serbia was the Higher School and the year 1808. This year is taken as the date when the University of Belgrade Faculty of Law
was established.
moved from Kragujevac
to Belgrade
. At that time, the Lyceum
had two departments - Law
and Philosophy
. Before enrolling the Legal Department (which initially lasted one year, from 1843 two years, and since 1849 three years), it was compulsory to graduate at the Philosophy Department, where the studies lasted two years, so the legal studies lasted a total of five years. The classes were in the native Serbian language, and the first professors were learned Serbs from Vojvodina
. Among them was the well-known Serbian writer, comediographer and lawyer, Jovan Sterija Popović
, who held two courses: Natural Law
(Encyclopedia of Law, or today's Introduction to Law) and a course on the organization of courts and civil procedure. Since 1853, the legal education
became independent from the studies of philosophy.
Subsequently, in 1863 the University of Belgrade
rudiment consisted of the Philosophy, Law and Technical departments. From the Countess Ljubica's Residence
, a beautiful small building in the center of Belgrade, the Higher School moved to one of the most significant buildings in Belgrade, the Captain Miša’s Mansion, bequeathed to the nation by Captain Miša Anastasijević
, which is today home to the Rectorate (seat) of the University of Belgrade
. Since then, legal education
in Serbia
lasted four years, within the framework of which 21 subjects were compulsory.
through the Law on the University from February 27, 1905. In addition to the Philosophy, Law and Technical schools, this Law has set forth the existence of Orthodox
Theology
and Medical schools. Given the limited space in the building of Captain Miša Anastasijević, the library of the Faculty of Law has moved to a separate building in the center of the city, and a number of its teachers received their offices at the National Library at the Kosančićev Venac
. Today, the law school building, whose construction began in 1937, was completed in fall 1940, just before the Second World War. The Library of the Faculty of Law has been moved there as well. At that time, it had a collection of over 36,000 books and monographs, representing the foremost law library
in the Balkans
.
The legal studies lasted four years and consisted of the 19 compulsory subjects, and for students of the Islamic confession Sharia Law was introduced as an additional subject. Regulations on law schools from 1938 have set forth a unique curriculum for all three law schools, which then existed in the Kingdom of Yugoslavia
(Belgrade
, Zagreb
, Ljubljana
). Twenty compulsory subjects were set forth, with the proviso that only at the University of Belgrade Faculty of Law
, under the same conditions as before, Sharia Law was taught as an additional subject.
Since the formation of the University until the First World War several hundred students were enrolled. The first woman at the University of Belgrade Faculty of Law
graduated in 1914. During the period between the two world wars, the law school experienced its full bloom, it grew out into a modern European institution for legal education and has acquired a high international reputation. Shortly before the Second World War, more than 4,000 students were enrolled (of which there were almost 1,000 female students).
At that time, Slobodan Jovanović
was one of the greatest authorities on jurisprudence
and especially constitutional law
. Liberal in his social and political views, he was for nearly half a century a leader of the Serbian intelligentsia.
The newly constructed law school building was damaged during the April bombing of Belgrade
in 1941 and all lectures and activities were suspended. The German occupation forces moved into the building. Although there were later attempts of the occupation authorities to do the restoration work, this has not occurred due to the protests and boycott of the professors and aides. In November 1941, seven teachers were imprisoned in a camp, because of their liberal attitudes and antifascist views, and two foremost Serbian authorities in legal education, Djordje Tasić and Mihajlo Ilic, were executed in 1944.
Despite the flagrant events from the following decades, the law school rapidly developed. An entire constellation of scholars of the new generation emerged, who continued the work of their distinguished predecessors. Alexander Soloviev, Radomir Lukić
and Mihailo Djurić are some of the foremost Serbian legal academics of the 20th century. Their students until today are at the forefront of the teams of experts drafting new laws, their scholarly papers are being published abroad, they are the arbitrators at international arbitration courts, members of the Serbian Academy of Sciences and Arts, members and officials of international scholarly institutions and professional organizations, honorary doctors at foreign universities, visiting professors at the world’s leading universities, and rectors of the University of Belgrade.
During the 20th century, all the law schools that later emerged in Serbia (Subotica
, Novi Sad
, Priština
, Niš
, Kragujevac
), Montenegro
(Podgorica
), and in other parts of the former Yugoslavia
(Sarajevo
, Skoplje) were formed from the University of Belgrade Faculty of Law
as a core. A large number of law professors from all the countries of the former Yugoslavia had obtained their academic titles in Belgrade.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, legal thought and education in Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
go back to the 13th century. This is owed to Rastko Nemanjić, who was declared a saint under the name St. Sava. Rastko, the brother of the first Serbian king Stefan Nemanjić, was the founder of not only the ecclesiastical independence (autocephaly
Autocephaly
Autocephaly , in hierarchical Christian churches and especially Eastern Orthodox and Oriental Orthodox churches, is the status of a hierarchical church whose head bishop does not report to any higher-ranking bishop...
of the Serbian church
Serbian Orthodox Church
The Serbian Orthodox Church is one of the autocephalous Orthodox Christian churches, ranking sixth in order of seniority after Constantinople, Alexandria, Antioch, Jerusalem, and Russia...
in 1219), but he also has instituted the Serbian education, literature, health, the legal system and science.
At the same time when John of England
John of England
John , also known as John Lackland , was King of England from 6 April 1199 until his death...
released the famous Magna Carta Libertatum in Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
, in Serbia St. Sava has prepared and published in his native language a collection of both church and secular regulations under the name Nomocanon
Nomocanon
Nomocanon is a collection of Ecclesiastical law, consisting of the elements from both the Civil law and the Canon law.-Byzantine nomocanons:Collections of this kind were found only in Eastern law...
. In conjunction with the monumental lawmaking initiative of Stefan Uroš IV Dušan of Serbia
Stefan Uroš IV Dušan of Serbia
Stephen Uroš IV Dušan the Mighty , was the King of Serbia and Emperor of the Serbs and Greeks until his death on 20 December 1355. Dušan managed to conquer a large part of Southeast Europe, becoming one of the most powerful monarchs in his time...
in 1349, the Dušan's Code
Dušan's Code
Dušan's Code was enacted by Tsar Dušan in two state congresses: in May 21, 1349 in Skopje and amended in 1354 in Serres. It regulated all social spheres, so it can be considered a medieval Serbian constitution. The Code included 201 articles. The original manuscript is not preserved, but around...
, which was written in Serbian as well, these acts constitute the foundation of the Serbian legal culture. Even during the long-lasting rule of the Turks
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
, which began in the mid-15th century, Serbian law has survived through the practice of the Serbian Orthodox Church
Serbian Orthodox Church
The Serbian Orthodox Church is one of the autocephalous Orthodox Christian churches, ranking sixth in order of seniority after Constantinople, Alexandria, Antioch, Jerusalem, and Russia...
, which still considers the Nomocanon its official codex. However, only liberation from the Turkish authorities, starting in the 19th century, enabled the full bloom of Serbian legal science and education.
At some stage in the struggle for national liberation from the Turks during the First Serbian Uprising
First Serbian Uprising
The First Serbian Uprising was the first stage of the Serbian Revolution , the successful wars of independence that lasted for 9 years and approximately 9 months , during which Serbia perceived itself as an independent state for the first time after more than three centuries of Ottoman rule and...
that started in 1804, the Belgrade Higher School was founded in 1808. The classes lasted three years and in addition to general subjects the curriculum included comparative and state (constitutional) law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and judicial procedure. Therefore, there are many historians who believe that it is justified to perceive that the foundation of modern education in Serbia was the Higher School and the year 1808. This year is taken as the date when the University of Belgrade Faculty of Law
University of Belgrade Faculty of Law
The University of Belgrade Faculty of Law , also known as the Belgrade Law School, is one of the first-tier educational institutions of the University of Belgrade, Serbia...
was established.
1841 – 1863
In 1841, Belgrade has become the capital city of Serbia and in the same year the LyceumLyceum
The lyceum is a category of educational institution defined within the education system of many countries, mainly in Europe. The definition varies between countries; usually it is a type of secondary school.-History:...
moved from Kragujevac
Kragujevac
Kragujevac is the fourth largest city in Serbia, the main city of the Šumadija region and the administrative centre of Šumadija District. It is situated on the banks of the Lepenica River...
to Belgrade
Belgrade
Belgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...
. At that time, the Lyceum
Lyceum
The lyceum is a category of educational institution defined within the education system of many countries, mainly in Europe. The definition varies between countries; usually it is a type of secondary school.-History:...
had two departments - Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and Philosophy
Philosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
. Before enrolling the Legal Department (which initially lasted one year, from 1843 two years, and since 1849 three years), it was compulsory to graduate at the Philosophy Department, where the studies lasted two years, so the legal studies lasted a total of five years. The classes were in the native Serbian language, and the first professors were learned Serbs from Vojvodina
Vojvodina
Vojvodina, officially called Autonomous Province of Vojvodina is an autonomous province of Serbia. Its capital and largest city is Novi Sad...
. Among them was the well-known Serbian writer, comediographer and lawyer, Jovan Sterija Popović
Jovan Sterija Popovic
Jovan Sterija Popović was a Serbian playwright, poet and pedagogue who taught at the Belgrade Higher School. Sterija was recognized by his contemporaries as the one of the leading Serbian intellectuals...
, who held two courses: Natural Law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
(Encyclopedia of Law, or today's Introduction to Law) and a course on the organization of courts and civil procedure. Since 1853, the legal education
Legal education
Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business...
became independent from the studies of philosophy.
1863 – 1905
University of Belgrade
The University of Belgrade is the oldest and largest university of Serbia.Founded in 1808 as the Belgrade Higher School in revolutionary Serbia, by 1838 it merged with the Kragujevac-based departments into a single university...
rudiment consisted of the Philosophy, Law and Technical departments. From the Countess Ljubica's Residence
Countess Ljubica's Residence
Princess Ljubica's Residence in Belgrade was built between 1829 and 1831 by Hadži-Nikola Živković, a pioneer of contemporary Serbian architecture. The residence was built on order by prince Miloš Obrenović for his wife Ljubica and their children, the future rulers Milan and Mihailo. They began...
, a beautiful small building in the center of Belgrade, the Higher School moved to one of the most significant buildings in Belgrade, the Captain Miša’s Mansion, bequeathed to the nation by Captain Miša Anastasijević
Miša Anastasijevic
Miša Anastasijević was the second richest man in Serbia in the 19th century, through his successful salt export from Wallachia and Moldavia and business partnership with the richest, Miloš Obrenović I, Prince of Serbia. He was also the Captain of Danube, and acquired significant benefits from...
, which is today home to the Rectorate (seat) of the University of Belgrade
University of Belgrade
The University of Belgrade is the oldest and largest university of Serbia.Founded in 1808 as the Belgrade Higher School in revolutionary Serbia, by 1838 it merged with the Kragujevac-based departments into a single university...
. Since then, legal education
Legal education
Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business...
in Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
lasted four years, within the framework of which 21 subjects were compulsory.
1905 – 1941
The Higher School formally became the University of BelgradeUniversity of Belgrade
The University of Belgrade is the oldest and largest university of Serbia.Founded in 1808 as the Belgrade Higher School in revolutionary Serbia, by 1838 it merged with the Kragujevac-based departments into a single university...
through the Law on the University from February 27, 1905. In addition to the Philosophy, Law and Technical schools, this Law has set forth the existence of Orthodox
Eastern Orthodox Church
The Orthodox Church, officially called the Orthodox Catholic Church and commonly referred to as the Eastern Orthodox Church, is the second largest Christian denomination in the world, with an estimated 300 million adherents mainly in the countries of Belarus, Bulgaria, Cyprus, Georgia, Greece,...
Theology
Theology
Theology is the systematic and rational study of religion and its influences and of the nature of religious truths, or the learned profession acquired by completing specialized training in religious studies, usually at a university or school of divinity or seminary.-Definition:Augustine of Hippo...
and Medical schools. Given the limited space in the building of Captain Miša Anastasijević, the library of the Faculty of Law has moved to a separate building in the center of the city, and a number of its teachers received their offices at the National Library at the Kosančićev Venac
Kosancicev Venac
Kosančićev Venac is an urban neighborhood of Belgrade, the capital of Serbia. It is located in Belgrade's municipality of Stari Grad.- Location :...
. Today, the law school building, whose construction began in 1937, was completed in fall 1940, just before the Second World War. The Library of the Faculty of Law has been moved there as well. At that time, it had a collection of over 36,000 books and monographs, representing the foremost law library
Law library
A law library is a library designed to assist law students, attorneys, judges, and their law clerks and anyone else who finds it necessary to correctly determine the state of the law....
in the Balkans
Balkans
The Balkans is a geopolitical and cultural region of southeastern Europe...
.
The legal studies lasted four years and consisted of the 19 compulsory subjects, and for students of the Islamic confession Sharia Law was introduced as an additional subject. Regulations on law schools from 1938 have set forth a unique curriculum for all three law schools, which then existed in the Kingdom of Yugoslavia
Kingdom of Yugoslavia
The Kingdom of Yugoslavia was a state stretching from the Western Balkans to Central Europe which existed during the often-tumultuous interwar era of 1918–1941...
(Belgrade
Belgrade
Belgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...
, Zagreb
Zagreb
Zagreb is the capital and the largest city of the Republic of Croatia. It is in the northwest of the country, along the Sava river, at the southern slopes of the Medvednica mountain. Zagreb lies at an elevation of approximately above sea level. According to the last official census, Zagreb's city...
, Ljubljana
Ljubljana
Ljubljana is the capital of Slovenia and its largest city. It is the centre of the City Municipality of Ljubljana. It is located in the centre of the country in the Ljubljana Basin, and is a mid-sized city of some 270,000 inhabitants...
). Twenty compulsory subjects were set forth, with the proviso that only at the University of Belgrade Faculty of Law
University of Belgrade Faculty of Law
The University of Belgrade Faculty of Law , also known as the Belgrade Law School, is one of the first-tier educational institutions of the University of Belgrade, Serbia...
, under the same conditions as before, Sharia Law was taught as an additional subject.
Since the formation of the University until the First World War several hundred students were enrolled. The first woman at the University of Belgrade Faculty of Law
University of Belgrade Faculty of Law
The University of Belgrade Faculty of Law , also known as the Belgrade Law School, is one of the first-tier educational institutions of the University of Belgrade, Serbia...
graduated in 1914. During the period between the two world wars, the law school experienced its full bloom, it grew out into a modern European institution for legal education and has acquired a high international reputation. Shortly before the Second World War, more than 4,000 students were enrolled (of which there were almost 1,000 female students).
At that time, Slobodan Jovanović
Slobodan Jovanovic
Slobodan Jovanović was one of Serbia's most prolific jurists, historians, sociologists, journalists and literary critics. He distinguished himself with a characteristically clear and sharp writing style later called the "Belgrade style"...
was one of the greatest authorities on jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
and especially constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
. Liberal in his social and political views, he was for nearly half a century a leader of the Serbian intelligentsia.
1941 – 1945
Bombing of Belgrade in World War II
The city of Belgrade was bombed during two campaigns in World War II, the first undertaken by the Luftwaffe in 1941, and the latter by Allied air forces in 1944.- German bombing :...
in 1941 and all lectures and activities were suspended. The German occupation forces moved into the building. Although there were later attempts of the occupation authorities to do the restoration work, this has not occurred due to the protests and boycott of the professors and aides. In November 1941, seven teachers were imprisoned in a camp, because of their liberal attitudes and antifascist views, and two foremost Serbian authorities in legal education, Djordje Tasić and Mihajlo Ilic, were executed in 1944.
1945 to present
The building was renewed shortly after the Second World War, but the dramatic changes engendered by the Communist rule and the decades of legal, social and political experiments have left various consequences. Immediately after the war, and later due to the ideological and political dissent, the Faculty of Law lost a number of its professors and assistants. Notably, after the well-known discourse on the constitutional amendments of 1971, the state proceeded with the criminal prosecution and imprisonment of renowned Professor Mihailo Djurić. It was a similar case with many other academics.Despite the flagrant events from the following decades, the law school rapidly developed. An entire constellation of scholars of the new generation emerged, who continued the work of their distinguished predecessors. Alexander Soloviev, Radomir Lukić
Radomir Lukic
Radomir Lukić was a prolific Serbian jurist, a scholar of philosophy and sociology of law. He was born in Miloševac near Velika Plana, Serbia....
and Mihailo Djurić are some of the foremost Serbian legal academics of the 20th century. Their students until today are at the forefront of the teams of experts drafting new laws, their scholarly papers are being published abroad, they are the arbitrators at international arbitration courts, members of the Serbian Academy of Sciences and Arts, members and officials of international scholarly institutions and professional organizations, honorary doctors at foreign universities, visiting professors at the world’s leading universities, and rectors of the University of Belgrade.
During the 20th century, all the law schools that later emerged in Serbia (Subotica
Subotica
Subotica is a city and municipality in northern Serbia, in the Autonomous Province of Vojvodina...
, Novi Sad
Novi Sad
Novi Sad is the capital of the northern Serbian province of Vojvodina, and the administrative centre of the South Bačka District. The city is located in the southern part of Pannonian Plain on the Danube river....
, Priština
Pristina
Pristina, also spelled Prishtina and Priština is the capital and largest city of Kosovo. It is the administrative centre of the homonymous municipality and district....
, Niš
Niš
Niš is the largest city of southern Serbia and third-largest city in Serbia . According to the data from 2011, the city of Niš has a population of 177,972 inhabitants, while the city municipality has a population of 257,867. The city covers an area of about 597 km2, including the urban area,...
, Kragujevac
Kragujevac
Kragujevac is the fourth largest city in Serbia, the main city of the Šumadija region and the administrative centre of Šumadija District. It is situated on the banks of the Lepenica River...
), Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...
(Podgorica
Podgorica
Podgorica , is the capital and largest city of Montenegro.Podgorica's favourable position at the confluence of the Ribnica and Morača rivers and the meeting point of the fertile Zeta Plain and Bjelopavlići Valley has encouraged settlement...
), and in other parts of the former Yugoslavia
Former Yugoslavia
The former Yugoslavia is a term used to describe the present day states which succeeded the collapse of the Socialist Federal Republic of Yugoslavia....
(Sarajevo
Sarajevo
Sarajevo |Bosnia]], surrounded by the Dinaric Alps and situated along the Miljacka River in the heart of Southeastern Europe and the Balkans....
, Skoplje) were formed from the University of Belgrade Faculty of Law
University of Belgrade Faculty of Law
The University of Belgrade Faculty of Law , also known as the Belgrade Law School, is one of the first-tier educational institutions of the University of Belgrade, Serbia...
as a core. A large number of law professors from all the countries of the former Yugoslavia had obtained their academic titles in Belgrade.