75 the initiation phase, and to let them as well, in order to prevent synods taking decisions in terms of

legislative technique lack all feasibility. On the otlier hand, in the serond phase, i.e. in the process of
formulating drafts for legal texts, new and more detailed policy issues. In terms of constituency, the
largest jurisdictions. Therefore. in practice, it is the no exception that the same people are involved in.
The stages of pei processes are defined, and I do not think this is wrong. One of the questions in this field
concerns the views of the lesson. much on the specific context. The time and place has its own
presuppositions in this respect. It makes a difference whether iegislation is primarily seen as a policy
instrument used to influence the number of instruments, on the long run, views of citizens, or rather of
legislation as such. i assume that the answer will depend very much on the s as an expression cf common
values (or at least majerity values) in a society, as a means of assessing the rights and obligations of the
citizens. A legislator that intends to use legislation and instrument of change in society, might easily
overstimate the actual effect of rules, in a sort of 'legal instrumentalism'. The more ient (d complicated
legisation is, the larger the risk tha: those concerned about seek and fin ways to cin cumvent the law. the
main purpose of the legislator is to guarantee the rights of citizens, both in the context of executive and
mutual relations, in ever more detail, it might be explained to the increasing culture of claiming a certain
degree of rights protection. , and discus so on. All these trends play a role in churches as well: laws that
cannot be maintained, regulations that do not work, or a growing number of court cases in the church.
Indeed, churches are even more vulnerable in this respect, since the arsenal of sanctions is very limited-
and fortunately so! It might be the effect of realizing the churches to be cautious, and no to overestimate
the importance of ed, and you might easily rationalize the net of legislatio n activit) terms person slat But
churches are part of society, and usually they share to a large extent the views as dominant in a certain
culture. In some societies, customary law, based on strong traditional values, is in fact more decisive
than written law. Some of the conflicts in churches in the global can be understood from this
perspective, e. as a collision between customary law-like custom in Indonesia-and church orders based
on predominantly Western concepts of law. At the same time, it is natural that after major changes in
society - like the abolition of apartheid as a legally founded system in South Africa (1994) - people have
ttoo?) High expectation of the improvements that can be realized through new legislation. the first
question that those who determine policies have to answer when thr