scholarly journals LEGAL CULTURE AND ITS ROLE IN A LEGAL STATE

2020 ◽  
pp. 167-182
Author(s):  
С.Н. Логинов ◽  
Д.Г. Филимонов
Keyword(s):  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
The Relationship

Аннотация. В статье дается характеристика содержания понятий «правовая культура» и «правовое государство», выделяются особенности взаимоотношения этих понятий между собой. Констатируется отсутствие единого мнения исследователей по вопросу содержания и функций правовой культуры, рассматриваются ряд ее определений. Явление правовой культуры характеризуется с точки зрения деятельностного, качественного, аксиологического, социологического, структурно-функционального подходов. Выделяются и характеризуются сопутствующие правовой культуре явления как правосознание и правовое поведение. В статье рассматриваются уровни правовой культуры личности и общества, их показатели и факторы. Отражается уровень овладения правовой культурой гражданами нашего государства, а также обоснована необходимость формирования высокого уровня правовой культуры населения и методы стимулирования ее повышения. Отражены функции правовой культуры в государстве. Annotation. The article describes the content of the concepts "legal culture" and "legal state", highlights the features of the relationship between these concepts. The lack of consensus among researchers on the content and functions of legal culture is stated, and a number of its definitions are considered. The phenomenon of legal culture is characterized from the point of view of activity, qualitative, axiological, sociological, structural and functional approaches. The phenomena accompanying the legal culture are distinguished and characterized as legal consciousness and legal behavior.

scholarly journals THE NATURE OF THE CORRELATION BETWEEN LEGAL NIHILISM AND LEGAL IDEALISM

2020 ◽  
pp. 3-9
Author(s):  
G.N. Aksenova
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
Point Of View ◽  
Law And Society ◽  
Legal Consciousness ◽  
Entire System ◽  
Historical Past ◽  
The Relationship

The problem of legal nihilism and idealism as a distortion of the Russian legal consciousness doesnot lose its relevance. The roots of legal nihilism in Russia go back to its historical past. This article willexamine the causes of nihilism and idealism, the nature of the relationship between nihilism and idealism.The questions of legal culture of Russia, which, as in most countries, depends primarily on the level ofdevelopment of legal consciousness of the population, the level of development of legal activity and the levelof development of the entire system of legal acts, are considered. Analysis of legal culture, which was madein this article, necessary to first identify and describe the legal values, ideals, and patterns to be pursued,legislators, enforcers, citizen and society in General, and then, evaluating from this point of view the realstate of Affairs and forms of distortion of legal consciousness in the form of legal nihilism and idealism toseek ways and means of achieving the ideals of rule of law and society

scholarly journals Ideological manifestations of Christian-legal traditions in the legal system

2021 ◽  
pp. 195-199
Author(s):  
I. V. Mima
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Practice ◽  
Modern Society ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
Important Place ◽  
Legal Traditions ◽  
Historical Heritage

The process of development of various directions of objective scientific analysis of problems of the theory of the state and law is investigated; the analysis of transformational processes of Christian-legal traditions in the legal system is carried out. The author argues that the Christian legal traditions are a unique religious and social value, because they embody the fundamental principles of civilized organization of religious relations in society, their regulatory requirements. Christian legal traditions generalize national law at the level of the legal space, reflect the unity of the legal system, which fixes the legal individuality and identity of the country, which affects the formation of the national idea. The author notes that in modern society, Christian legal traditions, Christian legal traditions appear as a legal category, a phenomenon of legal culture, an element of the legal system and a component of the succession of law, which captures generalized legal experience, legal memory, legal knowledge and legal ideas. passed down from generation to generation as acceptable ways of organizing society, models of formation of the legal system, order in law, hierarchy of values in law, etc. The point of view that Christian-legal traditions can be characterized from the standpoint of traditionalism and modernism is substantiated. Socio-historical heritage is a liability of past traditions and a basis for the formation of new traditions. In general, modern society is characterized by the action of real Christian legal traditions, which combines authentic and non-authentic Christian legal traditions and socio-historical heritage in ensuring the heredity of social development with its previous stages. Authenticity is determined by the preconditions for the formation of Christian legal traditions in society, arising from the laws of the stages of its development. Inauthentic Christian legal traditions are created artificially and act as declared social norms that have not yet confirmed their value nature in the course of social practice. They are most often observed in societies undergoing transformational periods of their existence, during which there is a need for new methods of regulating social relations and means of community unification. Such Christian legal traditions can be used to fill gaps in the mechanism of social and normative regulation of social relations by connecting the past with new conditions and needs. In addition, Christian-legal traditions occupy an important place in the socio-normative organization of modern society, and during the historical process of development of society the content of Christian-legal traditions was influenced by ideological, cultural and socio-economic deformations of society. Christian-legal traditions as religious-normative principles ensure the realization of Christian-legal ideals and values in religious relations, their indisputable status in public life. Keywords: legal system, Christian-legal traditions, legal heritage, traditionalism and modernism, legal culture, legal consciousness, authentic and non-authentic Christian-legal traditions.

Tradycja petrażycjańska w polskiej socjologii prawa albo o tym, co zyskaliśmy, nie odwołując się do Ehrlicha

2018 ◽  
Vol 74 ◽  
pp. 99-133
Author(s):  
Zbigniew Cywiński
Keyword(s):  
Social Context ◽  
Legal Culture ◽  
Point Of View ◽  
Sociology Of Law ◽  
Research Projects ◽  
Legal Studies ◽  
Social Nature ◽  
The Social ◽  
The Relationship

The goal of the presented paper is to show the qualities of Polish sociology of law that arise from how it formed and developed under the influence of a particular theoretical inspiration – the theory of Leon Petrażycki – specifically the ways that tradition has been influencing the direction of studies, as well as the descriptions of legal reality. According to the author, that influence is not limited to direct references, but has a broader scope that is expressed in an approach to analyzing the social context and functions of legal phenomena. To further emphasize the originality of Polish sociology of law, the article explains the differences between selected elements of Petrażycki’s theories and the proposals of Eugene Ehrlich. The problems that were undertaken by both scholars, and are still important to socio-legal studies, were presented from that point of view. Furthermore, the paper emphasizes the elements of Petrażycki’s works that did not appear elsewhere in early socio-legal thought. The study field is crucially narrowed by not orienting it towards analyzing and comparing initial ideas of Petrażycki and Ehrlich. Rather, it aims to analyze the possible influence of different views on differentiating the subjects of studies as well as their goals. In particular, the paper draws attention to the way Polish scholarship uniquely perceives the problematics of the social nature of legal phenomena, legal pluralism, the relationship between law and state (and especially legal phenomena unrelated to the state), legal culture and the usefulness of law as an instrument of social change. This is the perspective from which the paper presents selected Polish research projects and socio-legal analyses. The paper chiefly attempts to show a very particular quality of Polish sociology of law: the affirmation of legal phenomena that forms the basis for critique of faulty and socially dysfunctional official law.

scholarly journals Rule of law as a national phenomenon people's consciousness

2019 ◽  
pp. 58-67
Author(s):  
Olena Panchenko
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
Personality Structure ◽  
Natural Basis ◽  
Main Thrust ◽  
The Rule Of Law ◽  
The People ◽  
The Right

The article is devoted to the study of the rule of law as a social phenomenon, which is formed and viewed by us through the national legal consciousness of the people. These philosophical and legal categories are important for the formation of the correct (tested by time and reality) and the right awareness of society of their behavior, as well as effectively serve from the point of view of natural and legal influence on the formation and implementation of legal relations, and are a natural basis of law itself The main thrust of this article is that the rule of law in society depends to some extent on the national spirit of law and finds its foundations in the mentality of the people themselves. Historically, state and natural features of the rule of law further influence the formation of legal consciousness and legal culture in particular. Willingness is an important element of the national phenomenon in the consciousness of our people. The rule of law is the legal culture and legal consciousness that are closely linked to the national elements and characteristics of the people themselves who use the phenomenon. Since the rule of law is largely inherently in the form of ideas and perceptions, it is appropriate to note that such perceptions are necessarily nationalist in nature. Legal ideas and national ideas are fundamental to the formation and awareness of the rule of law Just as the rule of law is directly related to human nature, its national identity, and its vitality, it directly controls the sphere of human behavior and actions. The basic tenets that are enshrined in the rule of law are the ideas of freedom and justice. The rule of law as a national phenomenon of justice of the people is of the highest philosophical and legal value, since its place in the legal reality is determined by social and national factors and personality structure. Keywords: law, rule of law, phenomenon, national, legal consciousness.

scholarly journals Some features of legal consiousness and legal literacy in Russia and abroad

2021 ◽  
Vol 2021 (4) ◽  
pp. 18-26
Author(s):  
Mihail Voronin ◽  
Lilia Moiseenko ◽  
Tat'yana Uskova ◽  
Mariya Vikulina
Keyword(s):  
Foreign Language ◽  
Undergraduate Students ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Rights ◽  
Legal Consciousness ◽  
Legal Literacy ◽  
Legal Texts ◽  
Anglo American ◽  
The Impact

The purpose of the research. The research is aimed at identifying characteristic features, types and components of legal consciousness, the elements of its structure and its functions which help to realize legal attitudes in different legal situations from the point of view of Russian and Anglo-American law. The authors point out the influence of legal stereotypes and attitudes on the formation of an individual’s legal consciousness. Another element closely connected with the concept of legal consciousness is legal literacy, which helps an individual to socialize. Having analyzed the differences between the approaches to the concepts of legal literacy in Russian and Anglo-American legal culture the authors hold an opinion that legal literacy directly depends on the possibilities an individual has to obtain information about his legal rights and duties. Lack of such knowledge leads to negative legal consequences. Conclusions: The results of the study showed that in order to increase legal literacy it is necessary to form «positive» legal stereotypes and attitudes. One of the ways to succeed in it may be studying, analysis and discussion of legal texts in a foreign language. Such approach is used at Moscow State Linguistic University for the training of law students. Methodology and technique of the study. During the study of the concepts of «legal awareness» and «legal literacy», their formation and application by members of the legal profession and non-lawyers, the authors of the study used such generally recognized methods as general philosophical (dialectic, system method, analysis). In addition, a comparative analysis was made of the concepts studied in the Russian and Anglo-American legal culture. The article also presents the results of a survey of undergraduate students, which made it possible to assess the impact of the study of legal texts in a foreign language on the formation of legal stereotypes and attitudes.

scholarly journals Legal Value Orientations as Basic Category of Law Students’ Legal Culture

2018 ◽  
Vol 50 ◽  
pp. 01068
Author(s):  
Zarina N. Ibragimova ◽  
Natalya A. Shchegoleva ◽  
Alexander S. Borisov ◽  
Albina V. Agayeva
Keyword(s):  
Construction Material ◽  
Legal Culture ◽  
Value Orientations ◽  
Educational Process ◽  
Law School ◽  
Point Of View ◽  
Law Students ◽  
Legal Consciousness ◽  
Basic Category ◽  
High Level

An obvious connection of legal culture, value orientations and legal consciousness was established by cross-disciplinary analysis. Legal culture is considered as a whole in relation to legal value orientations. The necessity of forming legal value orientations is proved, as without them it is impossible to achieve a high level of legal culture and to ensure a student’s behavior within the framework of the law. This component is analyzed as a compulsory element of a law school student’s legal consciousness. The concept of legal value orientations is defined from the standpoint of different approaches and from the point of view of various authors, wherein these orientations are studied through the cognitive-volitional component. The relation of legal value orientations and legal beliefs is analyzed. It is offered to comply with a number of pedagogical conditions, to apply certain methods and techniques, which will influence the educational process and will promote forming legal value orientations. The need for developing value orientations in students is proved; it is shown that without value orientations it is impossible to reach a high level of legal culture, to engage in civic activities and to become a law-abiding citizen. Legal value orientations are studied as a construction material of legal culture and govern a student’s legal behavior.

scholarly journals The importance of legal awareness for quality education in the digitalization of Russian society

2021 ◽  
Vol 39 (3) ◽  
pp. 27-34
Author(s):  
A. M. Drozdova ◽  
Keyword(s):  
Information Society ◽  
Legal Culture ◽  
Quality Education ◽  
Legal Consciousness ◽  
Russian Society ◽  
Current State ◽  
The Individual ◽  
The University ◽  
The Relationship ◽  
Russian Education

The article is devoted to the main problems related to the formation of the national worldview and the legal consciousness of the individual in the information society. The relationship between the education of the legal consciousness and the creation of conditions for raising the level of the legal culture of the population are also raised. The analysis is subject to understanding of the legal worldview in the relationship with the legal culture of the process of development of the information society and informatization of education in the university. The current state of education in Russia and the prospects for reforming the Russian education system in connection with the introduction of the Education 2030 Concept are considered

scholarly journals Legal drafting in Islamic law

2019 ◽  
pp. 204-215
Author(s):  
A. A. Vaino
Keyword(s):  
Middle Ages ◽  
Islamic Law ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Norms ◽  
Legal Provisions ◽  
Systematic Character ◽  
The Moment ◽  
High Degree ◽  
The Relationship

The paper analyzes the features of legal drafting in Islamic law. Based on the study, the author concludes that Muslim law appears to be in many ways religious and legal comments. This is set by its religious sources that contain specific legal provisions. These sources lack structuring and systematic character, which is a source of rather a high degree of casuistry of Islamic law. The paper proves that Islamic law has shown a confusion of religious principles with legal norms since the moment of its appearance. The comments of legal scholars were actively used to justify illegal — from the point of view of European lawyers — behavior. With the help of legal drafting in Islamic law, legal postulates and opinions were legalized, which to this day largely determine the legal culture of the overwhelming majority of the population. This means that the problem of the relationship between secular and confessional law in countries where Islam is the state religion appeared in the Middle Ages and remains the main one to this day.

scholarly journals Paternalism as a concept of russian legal culture

2021 ◽  
Vol 9 (1) ◽  
pp. 6-10
Author(s):  
Elena Eliseeva
Keyword(s):  
Special Form ◽  
Legal Culture ◽  
The State ◽  
Point Of View ◽  
Russian Society ◽  
Hierarchical Relations ◽  
The Family ◽  
State Relations ◽  
The Relationship

The article examines the essence of hierarchical relations in Russian society and the state, the specifics of the genesis and modifications of paternalism as a special form of legitimization of power. The author draws attention to the traditional and archaic foundations of paternalism, which addresses the explanation of its justification from the point of view of the relationship between father and children and identifies the essence of state relations with relations in the family.

scholarly journals Approaches to Understanding the Social Effect of Legal Institutions

2020 ◽  
Vol 15 (11) ◽  
pp. 140-152
Author(s):  
V. V. Lyulyukin
Keyword(s):  
Law Enforcement ◽  
Legal Culture ◽  
Legal Consciousness ◽  
Legal Institutions ◽  
Social Effect ◽  
Civic Consciousness ◽  
The Social ◽  
Legal Nature ◽  
Legal Risks ◽  
The Relationship

The aim of the study is to assess the social effect in the conditions of the formation and operation of legal institutions: legal mentality, legal mindset, legal consciousness, legal culture in lawmaking and law enforcement practice. The theoretical and legal approach made it possible to reveal the legal nature of the category "legal mentality — legal mindset — legal consciousness — legal culture" in the interconnection expressed by dialectics and logic of manifestation, where the main criterion is the continuity and consistency of legal institutions. The paper establishes the dependence of the social effect on the effectiveness of legal institutions as a result of the civic consciousness of society and the state, and identifies the factors of the onset of legal implementation and/or legal expansion. The historical and legal approach reveals the variables of the continuity of legal institutions through the prism of the relationship between legal determinism and voluntarism, leading to legal implementation or legal expansion. Based on a comparative analogy of the features of harmonization ("consistency") and unification of norms ("universality") in the field of administrative legal relations, their direct relationship is established between organizational and legal activities. The analysis of historical and legal preconditions allows us to establish such legal risks as formalism, falsification, latency inherent in the transitional periods of the legal system, as well as the lack of historical and legal continuity and incompleteness of the formation of legal institutions. Therefore, the elimination of the risks of social effect provides for strengthening the imperative of the formation of legal institutions using educational, cultural and educational technologies as a tool for preserving the historical and legal continuity of legal consciousness and legal culture in achieving the social effect of civil society.

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