The Problems of Social Efficiency of Law in Belarus

Abstract

The problems of social efficiency of law are examined in the given issue from various positions. The social efficiency is a main characteristic of law reflecting its real influence besides other social regulators. Social efficiency is considered to be a multidimensional problem. Its essence consists in primary definition of the place of law in system of social regulation following from dominating outlook and traditional values. The specific position of law in the Western and East Europe is analyzed. It is underlined that law acts mostly as the main regulator for the Western Europe, but for the East Europe (and other civilizations) the fundamental role of social regulation belongs to moral and religious norms, law carries out a subsidiary role. Features of social efficiency of law are marked with reference to the Orthodox civilization. So the concept of human rights and legal state has extremely Christian origin. This concept proclaimed the supreme value of the Person in comparison with the God and divided sacral and secular fields of human activity. Approaches to the vision of law developed in the Catholic and Orthodox worlds are examined. It is concluded the modern conflict in the process of globalization of liberal and the traditional values underlying various systems of social regulation. The separate reasons of mistrust to the law as a social regulator among orthodox Belarus and Russian peoples are determined. Examples of the increase of social efficiency of law by means of acceptance of the Concept of Perfection of the Belarus Legislation are resulted.