scholarly journals LEGAL CULTURE AS A FACTOR OF LEGITIMACY OF THE SOCIAL AND LEGAL ORDER

2021 ◽  
pp. 466-477
Author(s):  
Evgeny M. Shumkin ◽  
Keyword(s):  
Social Relations ◽  
Social Order ◽  
Deviant Behavior ◽  
Critical Mass ◽  
Theoretical Work ◽  
Legal Culture ◽  
The State ◽  
Legal Institutions ◽  
Social Phenomena ◽  
Sphere Of Influence

In sociology, the interest in order is determined, among other things, by the identification of various factors that labilize and determine it. The factor under consideration, as a subject, is objectively difficult for social analysis and practical application of its results. Among the trigger reasons are legal culture and legitimacy, which are studied in this theoretical work from heuristic and analytical perspectives. It is assumed that legal culture, as a set of values aggregated by society and the state, can itself act as a factor of legitimacy for such an order. The disclosure of heuristic interest is carried out through legal consciousness of a person, a conscious choice of the model of rational (for oneself or the state) behavior, and the work of socio-legal institutions. Identifying the immanent signs of legal culture, we come to a conclusion that the critical mass of socially accumulated and legal knowledge provokes a qualitative leap in the development of both social and legal orders. This development determines the formation of an architecture of not only social but also nomological values, which creates the necessary conditions for the stability of social relations according to the objective rules provided by the legislator. The author emphasizes the impossibility of predetermining the primacy of the values under consideration since social and normative actions ensure the necessary balance of interests that are corresponding in nature, where unsatisfied frustrating expectations are considered as the main problems. Such expectations are associated with the violation of this balance, expressed in the permanent conflict between law and law enforcement, as the quintessence of the penetrating clash of social and legal orders, where society insists on defeating part of the monopoly on violence in the case of citizens’ deviant behavior and demilitarization of the work of legal institutions that is related to the condemnation of non-conformity, and where the state protects the objectivity of the rules of conduct and the extension of their sphere of influence by giving them legitimacy. The considered social order is seen as the basis for such an organization of life in society where the state acts as a moderator, introducing norms as irreducible standards of responsibility of each individual, correcting his behavior model towards rationality through legal culture that ensures legal awareness, conformity and legitimacy of socio-legal institutions. Legal culture laid down by society and supported by the state makes it possible to adopt a rational model of behavior in society and to make it resistant to destructive social phenomena.

scholarly journals Emulation and Competition as the Forms of Interaction of the Subjects of Professional Activity

2018 ◽  
Vol 14 (4) ◽  
pp. 108-114
Author(s):  
L. Yemel’yanova ◽  
S. Kazantsev
Keyword(s):  
Social Relations ◽  
Socialist Competition ◽  
The State ◽  
Social Aspects ◽  
Professional Activity ◽  
Social Competition ◽  
Social Phenomena ◽  
Basic Principles ◽  
The Social ◽  
Socialist Emulation

The Object of the Study. Competition and CompetitionThe Subject of the Study. Competition and competition as a form of interaction between subjects of professional activityThe Purpose of the Study. Competition and competition as a form of interaction between subjects of professional activityThe main Provisions of the Article.The authors reveal the features of manifestation of socialist emulation and competition in connection with the social structure of the state and the system of social relations existing in it and generating them. The distinctive characteristics of socialist emulation and competition as two social phenomena and forms of interaction between subjects of professional activity have been studied. The great importance of socialist emulation in solving important tasks for the state is shown, in the intensification of labour, the achievement of better results in the production of material and spiritual goods, the development of socialist society as a whole, the realization of the interests of society and each of its participants. In the particular the features of socialist emulation are revealed: its essence, functions, forms, basic principles and types of stimulating its participants.Besides the work reveals the social aspects of competition, its manifestations in society and professional activity in comparison with the socialist emulation. The main approaches to the study of competition as an interdisciplinary phenomenon are presented. The author's understanding of the essence of competition of subjects of professional activity as one of the types of social competition is given. The structure of competition of collective subjects of professional activity, its positive and negative functions, the nature of the course, the main approaches to its management are presented. As the main differences between socialist competition and competition of subjects of professional activity, their differences in motivation, behavior, methods used by them and means of achieving victory are examined. Competition and competition are manageable, both by the state itself, and by the subjects themselves.The features of the manifestation of socialist competition and competition are connected with the system of social relations existing in the state, which give rise to them. Competition and competition are the most important forms of interaction and relationships between the subjects of professional activity, but having their own manifestations.

scholarly journals Policy and law in the works of Ukrainian scientists of the late XIX – early XX centuries

2020 ◽  
pp. 469-476
Author(s):  
Kukuruz Oksana
Keyword(s):  
Social Relations ◽  
Social Transformation ◽  
Interdisciplinary Approach ◽  
The State ◽  
Scientific Policy ◽  
Social Phenomena ◽  
Understanding Of Science ◽  
Legal Concepts ◽  
The Right ◽  
Politics And Law

The need for a comprehensive study of such important social regulators as politics and law actualizes the works of thinkers who created their political and legal concepts in conditions similar to the present – in a period of social transformation. The purpose of this article is to highlight ideas of O. Stronin, M. Drahomanov, B. Kistiakivskyi, S. Dnistrianskyi and V. Starosolskyi regarding the concepts of “policy” and “law”, the relationship between these phenomena. According to the results of the analysis, the author believes that the following ideas of scientists are original and useful for modern state-building and law-making: 1) all phenomena in society are interconnected; ensuring the real needs of society depends on the existence of law, justice and truth in it (O. Stronin); 2) an important basis of democratic policy is knowledge of the peculiarities of their country; science should be directed to the study of phenomena in dynamics; theory should provide scientifically sound practical guidance (M. Drahomanov); 3) it is impossible to create a single concept of law, because there are several such concepts; to develop the scientific policy and policy of law required; an interdisciplinary approach should be applied to the study of social phenomena (B. Kistiakivskyi); 4) policy and law have the same foundations; law is a norm of public life, and politics is a method of managing and predicting social relations; lawyers (“the right of lawyers”) must play an important role in the lawmaking process (S. Dnistrianskyi); 5) in studies of state and law, a dualistic (sociological-legal) approach should be used; the legitimacy of the state depends on the interpretation (legal or political) of the act of self-establishment of the state, political law; scientists should not only produce theoretical guidelines, but also develop practical recommendations (V. Starosolskyi). The article also emphasizes the significant contribution of the above-mentioned scientists to the development of methodology for the research of policy and law, as well as the understanding of science as a necessary basis for policy and law.

Avoidance the Norms of Legislation as Manifestation of the Deviant Behavior of Participants of Civil Relations

2019 ◽  
Vol 10 (7) ◽  
pp. 2176
Author(s):  
Yurii M. YURKEVYCH ◽  
Ivan V. KRASNYTSKYI ◽  
Khrystyna V. MAIKUT
Keyword(s):  
Social Relations ◽  
Deviant Behavior ◽  
Legal Culture ◽  
Social Standards ◽  
Scholarly Article ◽  
Legislative Regulation ◽  
High Level ◽  
And Behavior ◽  
Market Relations

Under conditions of the market relations’ development, the growth of social standards, the legislature’s active work, the level of regulation of social relations has increased. In spite of the high level of regulation of the outlined aspects, the participants of civil relations do not always follow the normative rules. Such deviant behavior is caused by various factors. The purpose of this scholarly article is to study the issues of avoidance the norms of law as a manifestation of deviant behavior of participants in civil relations, as well as to develop proposals to prevent its further manifestation. This study has focused on the delinquent type of deviant behavior in social relations. It has been concluded that the deviant behavior of civil relations participants, which is aimed at avoidance the legislative regulation, can be divided into two types: behavior that contains indirect violations of regulations and behavior that does not contain formal violations of regulations. For a better understanding of the causes and factors that cause the phenomena under study, such concepts as ‘legal conscience’ and ‘legal culture’ have been analyzed.  

scholarly journals LEGAL EDUCATION AS A METHOD FOR MITIGATING DEVIANT BEHAVIOR OF MINORS

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Nataliia Martynova ◽  
Nataliia Borovkova
Keyword(s):  
Deviant Behavior ◽  
Moral Motivation ◽  
Legal Education ◽  
Legal Culture ◽  
Educational Environment ◽  
Individual Behavior ◽  
The State ◽  
Behavior Based ◽  
The Right ◽  
Sense Of Justice

Abstract. This article studies legal education as a method for mitigating deviantbehavior of minors. It analyzes importance of legal culture of teens that can be fostered by forms and methods of educational environment, improves activity of the young, regulated individual behavior based on moral motivation of the personality. Need and expediency of sense of justice which acquaints minors with knowledge of the state and the right, legality, the rights and personal freedoms, development at teenagers of steady orientation to law-abiding behavior is defined.Keywords: legal education, educational environment, deviant behavior, moralmotivation.

scholarly journals PHILOSOPHICAL VIEW ON IMPORTANCE OF LOVE IN SOCIETY: PLATO VS ARISTOTLE

2020 ◽  
pp. 66-76
Author(s):  
Vitalii Turenko
Keyword(s):  
Deviant Behavior ◽  
The State ◽  
Negative Consequences ◽  
Ancient Greek ◽  
Social Phenomena ◽  
Social Divisions ◽  
Cultural Life ◽  
Main Thing ◽  
Social Level

The paper shows specifics and features of understanding of importance of love in society in the legacy of Plato and Aristotle. Explication of the role of love in society in Plato is revealed on the basis of the texts of his two dialogues «Symposium» and «Laws». In the «Symposium», through the speech of Eryximachus, it is emphasized that thanks to love, a complete unity is possible in society as a whole and between people. Love occupies a key place in society and its presence or deficiency leads to certain social phenomena (war, revolution, revival). Love cannot separate people both on a personal and social level. Destructive, destruction brings only hatred. Accordingly, every member of society who wants the society in which he lives to be prosperous and stable, should feel friendly to others, be sensitive and caring to those who need it. Аlso, in the «Laws» the ancient Greek thinker talks about how important it is to teach children — future citizens of the policy — who and how to love or hate. This is due to the fact that if the wrong way of understanding love among people develops, then this can lead to the destruction of society. After all, if love is inherent in justice, then it is not able to create disorder, to make destructive, to one degree or another to be a carrier of deviant behavior. Love is always where there is truth, where there is justice. And where there is a lie, a deception, the place of love no longer remains. She calmly and without resentment walks away from those people who have felt a sense of love, and does not knock again until the lie stops. It is proved that Αristotle is ambivalent about the importance of love for society. To some extent, he continues his predecessors Socrates and Plato, and emphasizes that the state is based on love and friendly relations. Love is not limited only to individual relationships and circumstances, it affects the entire social and cultural life of mankind. At the same time, he opposes them, because he notes the negative consequences for society and the state system of various manifestations of love deviations. Aristotle also emphasizes that social status is not important for close relationships. Intimacy, closeness to each other is higher than those or other social divisions, beliefs and disagreements. Thus, love overcomes social disunity, thereby creating a special community for which the main thing is the good of Оther.

scholarly journals Doctrinal analysis of legal compromise and its role in human rights

2020 ◽  
Vol 11 (11) ◽  
pp. 42-47
Author(s):  
Bobrovnik S.
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Social Order ◽  
Effective Means ◽  
Social Institutions ◽  
The State ◽  
Democratic Regime ◽  
Public Interests

Contradictions in society, the struggle between social groups and conflicts of public interests increase the importance and relevance of social compromise, capable of ensuring the stability and orderliness of human behavior, the formation of certain levels of organization of society, ensuring the systematic social institutions. Given the significant increase in the importance of the state as a means of ensuring the coherence of social processes and law as a means of reflecting, securing, guaranteeing and restoring public interests, problems of researching legal compromise are actualized. The need for its doctrinal analysis is a legitimate requirement that arises in societies embarking on the path of building a democratic, social, rule of law. Compromise (from the Latin Compromissum) is an agreement reached on the basis of mutual concessions. For the first time, the term "compromise" was introduced into scientific research by A. Comte, who believed that without reaching a compromise in society there was no opportunity for its development, since social relations, both in statics and dynamics, need coherence for their normal implementation. Such coherence, in other words consensus, is based on the principles of interaction of different types and levels, harmony of parts and the whole, and is aimed at securing the interests of participants in public relations. Already in ancient philosophy, a foundation was laid for the study of compromise as one of the basic elements of achieving a public good and building an ideal society. Its representatives, exploring models of the ideal social order, addressed the problems of integration of society, the combination of its various elements, stability and efficiency of the functioning of the state, as well as the means of achieving social compromise. Ancient researchers have proposed a number of ideas that still have value today. It can be argued that ancient philosophers began to study the political structure of the state, its regimes of government and their means of securing public consensus, including the category of "compromise". However, they did not yet specify definitions of compromise, consensus, integration, consent, but only considered them within the general categories of “integrity” and “unity”. Representatives of the Middle Ages and the Renaissance continued to study the compromise as one of the foundations of the functioning of society, enriched the concepts of Plato and Aristotle came up with their original ideas. However, in the spirit of the ideas of ancient philosophers, they viewed compromise not as an independent category, but as an element of a means of forming a state and society - either coercion or violent compromise (N. Machiavelli), or Christian dogmas (F. Aquinas). They failed to address the issue of compromise as one of the defining principles of establishing a democratic regime in society. The ideas of modern-day Enlighteners to designate the category of "compromise" have become the methodological basis for modern-day researchers and present in the study of the problem of public consent. Modern problems of research of the category of "compromise" are based on the continuity of the theories and ideas of precursors-thinkers of different times and peoples, from the time of antiquity to the present. In its turn, the current state of the study of the category of "compromise", including as a basis for the functioning of a democratic rule of law, is characterized by ideas about the adequate definition of this category. The essence of the compromise is formed on the basis of a combination of material (value-orientation and anthropological-communicative sphere of being subjects) and procedural (procedural-mode and regulatory sphere of being subjects) components and consists in reaching public agreement by non-violent methods that reduce or impede one subject to another. Thus, a compromise is an instrument of public consent and a means of final resolution of the conflict, based on mutual concessions, which is of value and orientation and is the basis for the formation of a democratic regime in society. The role of legal compromise in ensuring human rights lies in the possibility of legally securing means that guarantee a certain level of communication in the sphere of opportunities provided by society or the state to a person. Legal compromise is one of the defining principles of the functioning of a democratic regime, the basis of the legitimation of power, which is the subject of the consolidation and guarantee of human rights. It is an effective means of redressing legal conflicts in the field of human rights; legal compromise causes legal consequences for public relations entities, including by applying coercive means to entities that do not perform their duties or violate the rights of other entities. Finally, legal compromise is a prerequisite for any legal relationship in the field of human rights. It is the achievement of a legal compromise in the field of human rights that provides an opportunity to resolve emerging conflicts and determines the level of effectiveness of the state's activities in the specified field. Keywords: law, legal compromise, human rights, society, state.

scholarly journals Conceptual interpretations of law in foreign sociology and their importance for effective public administration

2021 ◽  
pp. 1-21
Author(s):  
Andrei Andreevich Kovalev
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Social Order ◽  
Social Systems ◽  
Social Philosophy ◽  
Social Phenomena ◽  
The Government ◽  
Legal Concepts ◽  
Administrative Tasks ◽  
Modern Era

The goal of this research lies in determination of the core philosophical-legal concepts in foreign social philosophy and sociology, which are relevant in modern era for the effective solution of political and administrative tasks. The article examines the views of the prominent foreign philosophers and theoreticians in the field of sociology of law (M. Weber, E. Durkheim, H. Kelsen, D. Nelken, D. Balkin, and others). In light of the uniqueness of their views, they can be encapsulated into the following perspectives: law is the order of relations between people who comprise the society, i.e. social order; politics is one of the regulators of social order, determines the relations between the government and individuals; such political order alongside the economy and culture is one of the three global social systems that are closely intertwined with each other and permanently affect each other. The essence of sociological interpretation of legal ideas can be formulated in three positions: 1) law should be understood as an aspect of social relations, since it is utterly associated with coexistence of individuals in social groups; 2) social phenomena of law should be viewed empirically, through detailed consideration of variability and continuity of social coexistence in the actual historical models, rather than in respect of idealized or abstractly imagined social conditions; 3) social phenomena should be examined systematically: from the empirical fact of social reality to socio-philosophical theory. Sociological comprehension of legal ideas methodologically expresses the own disparate and diverse characteristics of law. It must inform about the legal ideas and provide their interpretation for solving particular tasks of politics and public administration.

scholarly journals Moral Ignorance as a Basis for State Deviant Activities

2020 ◽  
Vol 12 ◽  
pp. 47-54
Author(s):  
Galina A. Trofimova ◽  
Keyword(s):  
Social Relations ◽  
Deviant Behavior ◽  
Legal Regulation ◽  
The State ◽  
Moral Ignorance ◽  
Effective Barrier ◽  
Illegal Activities

The state of legal regulation of certain social relations often leads to the violation of the rights of citizens or even to their encouragement of illegal activities. The reason for this situation is the moral ignorance of legislators (other lawmakers), who choose, often purposefully, deviant behavior. The development and implementation of constitutional and legal offense, which determines the punishment for moral ignorance of state (municipal) authorities, that is, the use of an unlawful goal or unlawful methods of regulating legal relations, according to the author of the article, can create an effective barrier for offenses.

Scriptural Battlefields: The Old Testament, Legal Culture, and the Polemics of the Spanish New World Empire, 1492–1821

2019 ◽  
Author(s):  
Jorge Cañizares-Esguerra ◽  
Adrian Masters
Keyword(s):  
Old Testament ◽  
Social Order ◽  
New World ◽  
Legal Culture ◽  
Spanish Empire ◽  
Correct Interpretation ◽  
Group Status ◽  
History Of ◽  
New Social Order

Scholars have barely begun to explore the role of the Old Testament in the history of the Spanish New World. And yet this text was central for the Empire’s legal thought, playing a role in its legislation, adjudication, and understandings of group status. Institutions like the Council of the Indies, the Inquisition, and the monarchy itself invited countless parallels to ancient Hebrew justice. Scripture influenced how subjects understood and valued imperial space as well as theories about Paradise or King Solomon’s mines of Ophir. Scripture shaped debates about the nature of the New World past, the legitimacy of the conquest, and the questions of mining, taxation, and other major issues. In the world of privilege and status, conquerors and pessimists could depict the New World and its peoples as the antithesis of Israel and the Israelites, while activists, patriots, and women flipped the script with aplomb. In the readings of Indians, American-born Spaniards, nuns, and others, the correct interpretation of the Old Testament justified a new social order where these groups’ supposed demerits were in reality their virtues. Indeed, vassals and royal officials’ interpretations of the Old Testament are as diverse as the Spanish Empire itself. Scripture even outlasted the Empire. As republicans defeated royalists in the nineteenth century, divergent readings of the book, variously supporting the Israelite monarchy or the Hebrew republic, had their day on the battlefield itself.

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