DISCUSSION ON ISSUES OF THE THEORY OF LEGAL INCENTIVES

Aleksandr Gavritskiy, Svetlana Miroshnik

Abstract


The purpose of this article is to examine legal incentives as a form of a lawful norm to improve the social actions of individuals. A definition of legal incentive as a variety of legal norms is formulated and the features and principles of an incentivizing legal relationship identified and formulated. The provisions can be viewed as approaches for solving the problems of motivating lawful behavior and for use in analyzing practical problems associated with the theory of law, legal culture, and the rule of law. The concept offered reveals new possibilities for cognition of legal relations that are important for developing the theory of legal norms and the theoretical aspects of the realization of law. The functional approach underlying the research emphasizes the importance of this form of law and promotes the more efficient use of the its potential. The conclusions are relevant for further theoretical studies and the development of a policy by private companies aimed at activating the human factor to increase the productivity of their employees.

Keywords


law, right, legal incentive, motivating law relation, motivating subject, motivated subject, effectiveness of legal regulation.

Full Text:

PDF

References


Duyvendak, J.J.L. (1928). The Book of Lord Shang: A Classic of the Chinese School of Law / Tr. from the Chinese with Introd. and Notes

von Jhering R. (1915). Der Kampf um's Recht. http://en.wikisource.org/wiki/The_Struggle_for_Law/




DOI: http://dx.doi.org/10.12955/cbup.v6.1214

Refbacks

  • There are currently no refbacks.


Print ISSN 1805-997X, Online ISSN 1805-9961

(c) 2018 CBU Research Institute s.r.o.

For more information on the conference visit cbuic.cz