One of the most pressing problems facing any state is the legal culture of the individual, since it has a direct impact on the general development of society and the entire state. This is the theoretical basis of the state and a component of other forms of legal culture:
- religious;
- political;
- social.
The interaction between individuals in society is regulated by legislative acts. Legal culture is manifested in labor relations, universal and social, in professional groups, ethnic and other social groups. Therefore, for each state it is very important to learn the basics of the law of their citizens on an ongoing basis, since this value is fundamental to the development of a full-fledged society.
Terminology
Culture as such is progress in the development of mankind, which is determined not by material factors, but by spiritual ones. These are the indicators that people have achieved over hundreds of years of existence in all spheres of life, thanks to which they have improved living conditions, that is, improved the form of their existence.
Legal culture is the achievements of mankind in the development of legal relations and the state itself, in the formation of the rights and freedoms of every citizen. It is an integral part of the overall spiritual integrity of society.
Types of legal culture
There are 3 types of it, depending on the carrier:
- society culture;
- the culture of a particular group;
- legal culture of personality.
Let's talk about each species separately.
Society culture
This is a system of values accumulated by people in a particular society. Components:
- legal practice in the state;
- compliance with laws and order;
- general level of legal awareness;
- the general state of the legislative framework and others.
Group culture
Many experts in the field of law are against highlighting this item in the classification, let alone isolating it as a separate species, since it is characterized by all the factors that are inherent in the legal culture of society. The main emphasis of the legal culture of the group is how a single person builds his relations in a single group, among friends or at work.
Personality culture
The legal culture of an individual is the level of legal development, socialization and education of every citizen of the country. It is important to understand how citizens have learned the basics and how they are used in practice. Characteristics:
- informing and shaping the legal maturity of each individual;
- the transformation of knowledge into a habit and norm of behavior;
- the readiness of each person to act in accordance with established legal norms;
- the ability to assert their rights if they are violated.
The main emphasis is not only knowledge of legal rules, but also the use of knowledge in practice, and constantly. Legal relations with other legal entities, the environment should be built only in compliance with laws.
The specifics of the legal culture of personality
Any culture is first of all a striving for a civilized way of life, an increase in the spiritual, behavioral, intellectual and psychological values of an individual person and the public as a whole. The legal culture of an individual is not only an understanding of the legal foundations and processes, but also strict observance of the law. At the same time, human behavior should not be constantly stimulated by law enforcement agencies; the standards developed by society should become familiar to each of its members.
Below we list the elements of the legal culture of the individual. There are three of them, and all of them are important. So this is:
- knowledge of the law, and not only theoretical, but also practical application of knowledge in practice, compliance with laws;
- a habit, more precisely, the formation of a personal attitude to law, which should be seen in lawful and law-abiding behavior;
- the ability of an individual to put into practice his knowledge in the field of jurisprudence, the ability to protect his rights and freedoms without violating the law.
Legal awareness
Legal awareness is an inextricable link between society, the individual and the legal culture. Assessment and criticism, wishes and expectations in a particular area of law, awareness of social activities. Culture is fully based on legal consciousness, and vice versa.
Legal consciousness is a kind of legal thinking, that is, an individual’s ability to determine his place in the “world” of law, the choice of his own line of behavior.
Legal Functions
1. Cognitive. This is a person’s awareness of legal phenomena and legal relations in general.
2. Estimated. This is the formation of ideas about law and the very idea of a legal society. On the basis of these ideas, each person builds his negative or positive attitude towards individual norms and the legislation as a whole.
3. Regulatory. This is a complete understanding and construction of a model of behavior in accordance with the norms of existing law.
Formation of a legal culture
The rule of law can only be achieved in a society where legal awareness is maximally developed, therefore one of the most important tasks of any government is to foster citizens' responsibility for their actions. It is the upbringing of a legal culture - this is one of the most effective measures to prevent crime and the fight against crime.
Legal education includes a systematic impact on the consciousness of individuals, the formation of a culture of behavior for each member of society. And it is achieved by the following means:
1. Legal education. The essence of the methodology is to transfer to each citizen all the accumulated knowledge in society in the field of legal relations. To teach each person to defend their rights, refuse to violate the law, and form a positive attitude to the law. Naturally, each citizen should have an individual approach. Education is conducted in schools, secondary and higher educational institutions, at lectures and seminars.
2. Legal advocacy is inextricably linked with training. Someone will comply with the rules only on the basis that he has a general understanding of law and legislation. In other personalities, it is necessary to cultivate legal awareness constantly through lectures and special propaganda events. It is clear that every citizen is not required to know the laws at the level of an experienced lawyer, but everyone must know the basics.
3. Legal practice. Regardless of how much the government spends on propaganda and training, raising the legal awareness of its citizens, without the normal work of the courts, prosecutors and law enforcement, the legal culture of society will not exist in the state. Any citizen will do the same as judicial and power structures. If officials circumvent the law, then citizens will try to circumvent it.
Legal practice against the background of state justice is the elimination of red tape and bribery.
4. Self-education. Not in the last place is self-education. If a citizen realizes that he must follow the letter of the law, engage in raising the level of education, then this is a huge prevention of illegal actions. This line of behavior should be followed not only by legal practitioners, but also by all citizens of the country.
In addition, the formation of sociocultural qualities and the "improvement" of society itself - this is the legal culture of the individual. Factors affecting the formation of culture:
- elimination of the principle “everything that is not prohibited” is possible;
- increasing the professionalism of government officials at all levels;
- practical implementation of the constitutional norm - the rule of law;
- the promotion of lawful behavior, and not just the impact through punitive measures on offenders.
Along with this, a citizen should understand that all legal and civil institutions are aimed at the realization of his rights, their protection. And this is the direct responsibility of the state.
Socialization of personality in the field of law
Not in the last place is the legal socialization of the individual. Socialization in the framework of philosophy and psychology is considered as the formation of personality, the development and formation of the social essence of every citizen. Legal socialization is one of the components of the general socialization of an individual.
The components of legal culture and socialization are implemented in the following ways:
- the formation of the relationship of the individual to other individuals;
- the behavior of the citizen as a whole in society and his attitude to the state;
- attitude to oneself.
For the formation of legal socialization requires constant analysis, and not only positive factors. It is very important which components of law adversely affect a person’s personality. This may be the inaccuracy of the formulation of certain norms of the law, the inconsistency of acts, the complexity and volume of codes of legislative acts. All this can lead to the fact that a person begins antisocial activities, in some cases, can even reach riots. Then it happens that socialization and legal awareness are not the norm for members of society, but as a result, crime and disobedience grow.
In practice, the state is obliged to constantly update the components and norms of the social environment, adapt them to current realities and strive for the formation of democracy in a society with all signs of humanism and justice.
Lawful behavior: concept, signs, types
Lawful behavior is interpreted as such, which is fully consistent with the standards adopted in a particular society. It must be approved by all members of society and be socially useful. Let's try to distinguish between utility and legitimacy. For example, you don’t have to go to the polls - this is quite legitimate, but has no benefit to society.
Signs of legitimacy
1. Outwardly, behavior is expressed in action or inaction, the main thing is that everything be within the framework of what is permitted.
2. Behavior is legally significant, that is, entails legal consequences.
3. It is conscious in nature.
4. On the part of the state, it is encouraged through permissive and protective standards.
According to social significance, legitimate behavior can be:
- necessary for the whole society as a whole (for example, the need to serve in the army);
- desirable for the state (for example, research);
- permissible, that is, one that may be condemned by the members of society, but is quite acceptable according to the norms of the law (for example, the activities of religious societies).
Lawful behavior is also classified on the basis of actions:
1. Socially active behavior is the actions of individuals that fully coincide with the norms of the law. The object of law is fully aware and accepts the current law and order.
2. Conformist. This is a citizen’s action, based not on personal convictions, but on the fact that “everyone does it.”
3. Marginal behavior. It is characterized by the fact that an individual follows the requirements of the applicable norms only under the influence of a threat or under duress. As soon as the state’s control relaxes, the behavior of the marginal immediately becomes the opposite and unlawful.
