Място на правото в модернизационните процеси в България
The Role of Law in the Modernization Changes in Bulgaria

Summary/Abstract: The article is trying to outline the problems of the social effectiveness of the law in the context of the modernization changes in the Bulgarian society. A survey is made of essential elements that differential e the legal regulator from other social regulators. These elements are in close connection with the basic task of the legal system — to affect and determinate the human behavior. These elements are: the reflective one — since the law is a normative expression of a definite social structure: the acceological one — while the law is an expression of the dominant values of a given society; the prescriptive one —since the legal influence is a willful and "powerful" intervention into the social relations. The constitutional element of the legal regulation is a means for odemling a social, as well as a modernization change. The modernization itself is treated as a process of a consciously leaded social change, which can be realised also through the channels of the legal influence by utilising the qualities of the law. Hence, the social effectiveness of the law derives directly from the extent to which it can be applied in this process. The article outlines the collisions that originate when the modern type of law is applied in the traditional Bulgarian society — collisions which lead to its relatively low social effectivity. In the end the article aims to place a stress on the conclusion that the process of reforming the Bulgarian society is to a great extent dependent of the social effectivity and the practical applicability of the law in Bulgaria.

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