ABSTRACT
That social reconstruction is feasible solely under the rule of law can be taken for granted. Law has, however, two sources: morality and force, and it is dependent on both. Which of these sources is preferable depends on what type of society one idealizes. The social reconstruction of Bosnia requires moral restoration of a society that has undergone horrible moral damage. I take as axiomatic the fact that those who do not differentiate between right and wrong, good and evil, are not able to make good laws. Many present-day lawmakers in Bosnia are the same ones who bear some responsibility for the tragedy. The Bosnian Parliament itself has recently designated for the position of Head of its Human Rights and Refugee Affairs Board a man who was denounced in 1992 for having organized rape camps and other atrocities. Social reconstruction cannot ensue from a law-making body that lacks the ability to make basic moral assumptions and distinctions. The question is, where are we to search for the source of morality which is to be the foundation for the rule of law in Bosnia? An external model of the rule of law might be the most effective base for the reconstruction of Bosnia. In order for law to spring from morality it may have to do so with the protection of force. If this is the case, Bosnia needs both military protection and an educational protectorate in order for an authentic social reconstruction to commence.
