Pasitikėjimas – teisės socialinio veiksmingumo veiksnys

Abstract

The present article analyses the organic interconnection between morality and law, which is presupposed by the nature of spontaneous social order. Confidence is based on the organic interrelation between morality and law as implied in spontaneous social order. The evolution of spontaneous social order consolidates a space of communal life in which the threats to the existence of an individual are sought to be reduced and controlled. The decrease in the threats to an individual's safety simultaneously increases people's confidence in social order. Not only does the social order that rouses confidence is institutionalized, but within the socialization process it is interiorized by the new generation. Thus the continuity of the confidence–rousing social order is ensured.
The sociological investigations of law in many countries have proved the residual value of the spontaneous social order for the efficiency of the law „made” by the legislature: only those legal norms are efficient, whose content is co-ordinated with the non–legal social norms which are significant to society. Therefore, it is very important that „modern law” should not ignore the interconnection between confidence and the efficiency of law as has been revealed by the law's sociological research and should ensure the continuity of the confidence–rousing social order.