THE PROBLEM OF ADEQUATE TRANSLATION OF BASIC LEGAL TERMS IN BOGIŠIĆ "GENERAL PROPERTY CODE"

Abstract

This paper is based on contrastive analysis of key legal terms: law (νόμος), ethos (ἔθος) and customary law. For this purpose we considered the ancient original meaning of these terms, their interpretation and use in modern European and Slavic languages. We discuss here how Valtazar Bogišić created and incorporated old, pre-existing customary terms in his General Property Code for the Principality of Montenegro. In particular, we consider the method which the lawyer uses in comparing legal terms in Latin, German, French and Slavic languages and their integration into the linguistic environment of the Montenegrin population. On some examples of the Code, we examine to which extent Bogišić managed to reconcile the traditions and character of the Montenegrin people with legal norms, especially with the European legal tradition.