Summary

Law is not a source of goodness. Law gives us assurance that when acting in accordance with applicable law, we are not wrong but pre-provided, under certain providence. This is also the foundation of legal certainty that is so indispensable for society; at the same time, it makes an individual more self-centred, and rights are often are exercised with no regard to other people. Legal providence also feeds bureaucracy. A bureaucrat does not violate any provisions but does not care to work for an actual solution because this is not convenient or beneficial for him or her; instead, he or she pursues maximum output with minimum input.

Goodness is hierarchically positioned above law. Even morals and justice may be jeopardised in the name of goodness. Hence, goodness is not attached to morals (mores) or justice. It is free. Good law draws the lines to indicate where the ‘not good’ behaviour starts, and by doing so enhances in people the faculties that can support goodness. Goodness lies deeper within human nature and is stronger than a sense of justice or morals.

Social conscience requires law to progress towards goodness – freedom, creativity, sociality, sympathy and actuality. At the same time, it must be considered that goodness is summum bonum a living and creative phenomenon that cannot be codified as a prescription but at best one can create preconditions for its evolvement, shape the environment, such as guaranteeing inalienably fundamental rights and freedoms for people, etc. A pursuit of a state based on the rule of good alongside a state based on the rule of law, a pursuit of abidance by the good alongside abidance by the law, a pursuit of capacity for good alongside the passive legal capacity should not be regarded as a utopia.