Axiologické aspekty efektivnosti působení práva

• Main Author: Čechák, Petr
• Other Authors: Gerloch, Aleš
• Format: Doctoral Thesis
• Language: Czech
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-299751

I. Values and value judgment represent phenomena influencing effectiveness and efficacy of law. More precisely the fact whether definite values are reflected in a content of law influences (or at least has a capacity to influence) efficacy of law. A value judgment relating to law, i.e. question whether law is believed by valuing subject (addressee of legal norms as commands of holder of authority) to reflect definite values influences (or at least has capacity to influence) effectiveness of law. Effectiveness as well as efficacy of law represents measure in which purposes relating to law are fulfilled as an effect of law. Effectiveness represents a measure in which behavior of addresses of legal norms complies with a content of law. The purpose that is to be fulfilled there is a reduction of entropy of social relations so that law could create an order. Efficacy of law is itself conditioned by effectiveness of law (achievement of decent level of effectiveness of law as a purpose represents a means in relation to achievement of efficacy of law as well). In case of efficacy of law the purpose that is to be realized is achieving a common good or in other words providing such a setting of social relations that enables a "social reproduction", i.e. not just biological reproduction but also reproduction...