chapter  5
Social policy and criminality in post-communist societies
ByAleksandar FatiĆ
Pages 15

When discussing the nature and role of the law in any society, and thus also in post-communist communities, a distinction between various types of law should be kept in mind. Various types of law reflect various functions of the law as the most important system of social control. Examples of various types of law are: ‘criminal law’, which is of course of primary relevance for this study (its role being social control par excellence, perhaps in the most direct and obvious sense); ‘regulative law’, whose basic function is general social regulation in non-criminal areas; ‘welfare law’, whose main function is the regulation of the distribution of resources in society; and ‘civil law’, whose main function is the resolution of private disputes between citizens. This systématisation, of course, does not necessarily correspond with the formal systématisation of areas of the law in any particular legal system. It merely represents a fragment taken from a conceptual division of functions of the law which is often mentioned in the context of jurisprudence and legal policy. 1