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Trust as a Phenomenon Worthy of Legal Protection

Author:
Issue 2016/8
Pg 552-558

Summary

In very simple social systems which lack complicated structural problems and are so small that all members know each other, it is possible that the law and trust are closely coinciding. In a more complex society, the law and trust differ from each other. At that, the interaction between law and trust is determined in various ways. In order to assess which administrative provisions can limit the possibilities for misusing trust, motivate people to act in a reliable manner and trust others, one must analyse the ethical, economic and wider social background of trust. This is what this article is devoted to doing.

The author has reached the conclusion that in the long term the legal order can promote the proliferation of a relationship of trust in society. Societies with a high level of trust have clear advantages, both in economic life as well as for overall quality of life. Not only is the design of single legal provisions important to the spreading of a relationship of trust but also the reliability of institutions implementing these provisions. A society with a high level of trust, where trust is not solely based on family relations or kinship, can successfully put to work large economic organisations and public sector institutions. Although the level of trust prevailing in a society cannot be changed quickly through legislative means, a longer-lasting rooting of legal order that fosters trust has a clear impact on it. That being said, implementation of written provisions has critical meaning to the reliability of the institutions implementing them. By protecting a person against abuse, these institutions are able to efficiently promote trust between strangers.

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