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Legal culture and legal consciousness: definition of concepts, their relationship, signs and factors

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Legal culture and legal consciousness: definition of concepts, their relationship, signs and factors
Legal culture and legal consciousness: definition of concepts, their relationship, signs and factors

Video: FRIENDS MOOC - Unit 2 - Part 6 2024, July

Video: FRIENDS MOOC - Unit 2 - Part 6 2024, July
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An obligatory part of social life is legal culture, and legal consciousness arises only when the totality of its social phenomena is present - both material and spiritual. As an object of study, legal culture is studied by culturologists, and it is also of great importance in the theory of law, since it contains both legal and non-legal components.

Public Law Objects

Since there is law in society, there must be a legal culture and legal consciousness, only then the state of social institutions becomes qualitative. This is not just a phenomenon of social life in the aggregate, it is a characteristic of the level of development and an indicator of the effectiveness of the entire legal system.

And legal theory, and legal practice, and all the achievements, all the results of the legal sphere, the value of legal postulates - all this is due to the presence and level of development of the legal culture and legal consciousness.

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Structure

There are various interpretations and interpretations of these terms. Legal culture and legal consciousness are multilevel phenomena consisting of many purely qualitative assessments. At the same time, the following institutions work: current legislation, that is, positive law, developed legal relations, the rule of law and the rule of law, unhindered implementation of the law.

This also includes the work of the state apparatus, legal science, education, literature, helping to conduct high-quality individual legal acts, as well as much more - this list will probably always be open. The main thing is to understand that it is justice that prevails in each of the points, and legal culture and legal education in every way raise its qualitative level.

Leveling

Depending on how well legal consciousness develops, legal culture and legal education are manifested at the individual level, that is, this is what is inherent in an individual person.

The next level is corporate, when these provisions are considered in a separate team.

This is followed by a general level of legal consciousness, the legal and political culture manifests itself in one way or another in the whole society, where these phenomena cannot but get a political connotation.

The final level - the highest - is universal, or civilizational, it includes all of the above already on a global scale. This is the structure of legal consciousness. Legal culture should be present everywhere where a person appears, manifesting himself according to the conditions prevailing when he appears.

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Form of public consciousness

The formation of legal consciousness and legal culture occurs as an ideal reflection of such phenomena in the human mind. They always know exactly how to live correctly, how events should develop, and also what should be the reaction to the result. However, nothing ideal happens in real life, and therefore legal culture, legal consciousness, legal education will always have a huge space for development.

That is what applies to any type of legal culture: to the ordinary, to professional (legal), to scientific (doctrinal) - it will always be not only possible, but also growth and improvement of the quality in the minds of people of habitual legal phenomena are necessary. This reality is subjective, although it fills every moment of social life and at any level as a representation of an individual person or a whole group of people, as well as of the whole society about the objective right that existed before, exists at the moment and should always continue to exist.

Ideology and psychology

In the structure of consciousness, two interrelated components interact - psychology and ideology, if we talk briefly. Legal consciousness and legal culture entirely and completely depend on the level of their development. Ideology includes the accumulated legal knowledge, concepts, ideas, ideas and theories, that is, this understanding of law, its rational level, which is formed in the process of understanding, intellectual processing of the information received.

Psychology - an assessment of phenomena from the emotional, sensual side, this necessarily includes moods, feelings, stereotypes, habits, that is, emotions and feelings. This is an intuitive, elemental level that is not controlled by the mind. From the point of view of psychology, legal consciousness and legal culture, their correlation most of all influence the choice of a behavior model - whether it will be legal or not. In any case, each person can perceive the right not only by reason, reason - intellectually, but above all emotionally, as if feeling and sensing its impact.

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Legal education

Legal information is necessarily passed on from generation to generation: this is both experience and knowledge of law. And this is necessarily an integral part of personality education and general education. The goal is always the same - the improvement of legal education, and then the safety culture will also be on top. A conscious desire for legitimate behavior is instilled in each individual person in order to make the right choice of a model of behavior and thereby increase the general state of law and order and legality.

The very first information about how to behave well and how badly a person receives in the family and at a very young age. That is, even from a young age, he, albeit unconsciously, gets acquainted with the legal culture. Legal education of the individual is then carried out with the involvement of other entities, including the state. This is a kindergarten, a school, professional educational institutions, various social associations, and a team.

The state is very interested in improving legal knowledge and the general culture of society, and therefore legal propaganda is present everywhere, spreading among the population through a wide variety of information tools. A particularly significant contribution is made by science and professional legal support.

Deformations of Legal Consciousness

Legal consciousness quite often exists among individuals in a deformed state. For example, quite often there is a negative attitude to civil law when a person denies his social value, that is, he consciously chooses a model of unlawful behavior. This is legal nihilism.

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There is an opposite attitude to law, when a citizen exaggerates his role in public life, absolutizes him. And such manifestations are no less unpleasant and harmful to the normal course of everyday phenomena in society, since legal regulation can not be applied everywhere. This is practically a disease called legal fetishism.

The third type of deformation of legal consciousness is the lack of legal education. This is legal infantilism, when the role of law is not sufficiently appreciated and, in general, citizens do not know their rights - neither their own nor those of others. The level of legal awareness should generally coincide with the level of legal culture on any scale - both individual and corporate, social and civilizational.

Legal Assessment

First of all, legal consciousness is the embodiment of the behavior of subjects, the only way it is possible to evaluate and characterize its level in practice. All the flaws in the legal attitudes of both the individual and the society as a whole are revealed only when the theoretical attitudes are transferred to the practical environment.

The realization of legal consciousness takes place in the natural conditions of the established legal culture, being a necessary element of it and being reflected in all its other components, as if being objectified in them. The nature of justice is investigated through the analysis of specificity through its verbal and real external forms. Legal validity lends itself quite easily to such an analysis.

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Action approach

To define the concept of legal culture, non-fiction uses this term. An active approach is based on attention to the external side of events requiring an assessment of the level of legal culture. This is, first of all, the activity and its results, considered from the point of view of legal relations. The legal culture includes law and legal relations, legal institutions that consider legal behavior and evaluate legal awareness.

The value of legal culture can be viewed in a narrow and broad sense, but it is always legal activity, that is, legal institutions participate in it, legal norms and principles apply, a creative approach is applied to the legal activities of an individual, groups and society as a whole. These are informational, political and social components that make up the essence of legal culture.

Legal Culture Functions

The ordered nature of public relations guarantees the development of principles, norms, patterns of behavior, as well as legal patterns. This is the regulatory function of legal culture. In order for society to be dominated by constitutionality, legality, law and order, and, as a result of this, the security of the individual and society will increase, it is necessary to ensure this by creating a variety of legal means, and this is done through the protective function of the legal culture.

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To analyze the development of state legal relations with all their trends and patterns, it is necessary to determine the most effective mechanisms for implementing legal goals and solving legal problems. This is what the prognostic function embodies, analyzing the effectiveness and quality of legal culture in the present and projecting its development in the future. The implementation of legal policy takes many forms, and the fourth - transformative - function reflects just such a variety of reforms aimed at legal and social progress in society.

Educational function

This is a purposeful process carried out by the state and non-state bodies, organizations, institutions, as well as individual citizens, and it is aimed at the formation of legal consciousness. This activity includes not only the study of rules and norms, but also general legal propaganda, education, as well as legal practice, self-education and self-education.

The upbringing function of the legal culture forms mature legal representations, a conviction of the importance and necessity of active social legal behavior and intolerance to violations and abuses of the law. This is how the rule of law, legal system and statehood are created - through values ​​and preferences based on legal culture, with the formation of social responsibility of every citizen.

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Legal Culture Values

Each social system - economic, political, legal - has its own values, without which its functioning is impossible. The content of these values ​​is different, but they all closely interact with each other, as they are endowed with many general and quite universal properties. Filling these values ​​is ensured by other areas of culture - religious and moral, political and economic, scientific and educational. This creates a spiritual social system, organizes a system of moral coordinates.

Most of the population should have a high level of legal culture. So, in Russia, the people are much more responsible and fair than their representatives in the state apparatus and their reformist forces. Only because of this, the relative order in the country is maintained.