On the Effectiveness of Legal Norms

Legal norms should have, above all, clearly defined goals. At the same time such goals must be realistic (e.g. the goal of the prohibition legislation of the early 20th century in the US was both wrong and unrealistic - limited consumption of alcoho­lic beverages can not be considered harmful and, apparently, such consumption is impossible to eradicate completely).

The goal of a legal norm must be enforceable by legal means (the goal of AIDS prevention through using condoms is right and maybe even realistic, yet it can not be achieved by the way of legal impositions and prohibítions rather through systematic education). Law is evidently incapable of changing traditional patterns of behavior, prevailing in the society.

In considering legal norms we should take into account also the costs (materi­al, finacial, personal) which the implementation of such norms would entail. The resources for the enforcement of legal norms are always limited. If we use them in achieving less important goals, we must consequently lack them in achieving the priority ones.

Especially dangerous is the effort to achieve "symbolic effectiveness" of legal norms. These are the cases where law making is to manifest the activity and effort to promote general good and to substitute a great quantíty of necessa.ry and really useful work in solving certain problems. Such behavior was described in ancient Rome by the phrase "ut aliquid fieri videatur", i.e. in order to show something is being done.