RULE OF LAW 2
Judge Blazevic of the High Commercial Court of the Republic of Croatia said at the Croatian Arbitration and Conciliation Days in Zagreb recently that it is obvious to him that the rule of brute force is not acceptable to our societies nor should it remain present or allowed in the modern societies. Equally, he continued in a broad analogy, legal positioning should not anymore be seen as desirable ways of resolving disputes. Did he say that the rule of law should come to an end? I doubt he went that far, but I do agree with him fully. As the brute force was substituted with limited role of law intiailly in the feudal systems, we are entering into an epoch where the role of law is being checked against the role of private, interest based dispute resolution, based on the mutual responsibility and mutually articulated interests. Once we get through this process fully, our societies will probably look at the role of law much more sceptically than we do nowadays. We do, however, have to work hard to ease the societies through that process. Also, it won’t be easy for the societies that have not achieved the rule of law to leapfrog that phase, and will most likely be most efficient for them to achieve that phase before moving ahead.