SOLIDARITY AS A LEGAL VALUE

Abstract

Solidarity as a social and legal value has a special place in the development of every legal order, because it fits into its de facto framework. In terms of this factual aspect, solidarity also entails the behaviour of people, which is based not only on legal norms but also on a plethora of social norms. Thus, it may be assumed that solidarity is a genuine expression of the moral value of perceiving others as oneself, i.e. developing the concept of brotherhood. Such a conceptual framework of solidarity indicates its future application and incorporation into legal systems, particularly those aspiring to longevity which will not be sustained by a highly centralised structure, but by stronger pillars, one of which is solidarity. Throughout the course of history, the concept of solidarity has had different features and boundaries. At times, its application was highly disputable, but it has not affected the substance of this moral value because it is a categorical imperative. The very fact that it is a universal (unconditional) moral value rather than a designated (goal-driven) endeavour enables people to accept or to reject it. Such a concept of solidarity gives birth to a value-based social and legal order, based on social justice and care for others, which are accomplished through social welfare legislation.