scholarly journals Legal consciousness and legal culture in the context of civil society formation

State and Law ◽  
2019 ◽  
Keyword(s):  
Civil Society ◽  
Legal Culture ◽  
Legal Consciousness

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

Regulatory potential of legal culture and legal awareness of modern Ukrainian society

2020 ◽  
pp. 23-31
Author(s):  
Roman Zvarych ◽  
Tetyana Polishchuk
Keyword(s):  
Social Life ◽  
Legal Status ◽  
Social Activity ◽  
Legal Culture ◽  
Practical Significance ◽  
Human Potential ◽  
Legal Consciousness ◽  
Moral Norms ◽  
Regulatory Potential ◽  
Ukrainian Society

Goal. The purpose of the work is a comprehensive analysis of the main problems of the regulatory potential of legal culture and legal awareness of the individual and its implementation in modern Ukrainian society. Method. The study used a set of theoretical methods of scientific knowledge, in particular: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. In the course of the research it was proved that the modern philosophy of realization of regulatory potential of legal culture and legal consciousness should consist in strengthening of humanizing character of regulatory influence, be directed not on authoritarian authoritarian, imperative attribution, authorizing, binding types of legal regulations that authoritatively guide the actions, behavior of people and are seen as omnipotent universal mechanisms for solving problems of social life, and to create conditions for the realization of freedom, human potential, its legal status, social activity, creativity and initiative , which, of course, must be implemented on the basis of social, legal and moral norms enshrined in society. Scientific novelty. According to the results of the study, the new conceptual foundations of the regulatory potential of legal culture and legal awareness should be aimed at creating conditions for identifying deep dimensions of the inner world of man, his individual legal worldview, which allows him to become the creator of social and legal reality. Practical significance. The results of the research can be useful in the process of forming a general theoretical concept of the regulatory potential of legal culture and legal consciousness of modern Ukrainian society.

scholarly journals THE IMPACT OF THE LAW VALUES TO OVERCOME LEGAL NIGILISM

2019 ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Natural Law ◽  
Negative Attitude ◽  
Legal Culture ◽  
Social Value ◽  
The Rule Of Law ◽  
Potential Strength ◽  
Objective Property ◽  
High Level

The article substantiates the idea that in the process of the formation and development of the foundations of a civil society and the rule of law, legal nihilism continues showing to a certain extent its potential and thus inhibiting progressive legal changes. Attention is focused on the peculiarities of the stability of legal nihilism and the problems of its gradual overcoming. It is emphasized in the offered article the importance of the law values priority, of the legal ideal, of the principle of social justice in the process of eradicating the manifestations of legal nihilism in the relevant areas of society life activity and personality. The authors came to the following conclusion: Values of law is a phenomenon of objective property, to be based on the ideas of the natural law, arising from the fact of human existence and directed exclusively to a person, to his rights and needs. Value entity of law really manifests itself only under operating conditions of civil society and legal state, recognising a person, his rights and freedoms as the highest social value. Legal nihilism begins losing its potential strength only when the majority of members of civil society recognize the priority of values of law. Confrontation of values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Basing on the values of law, civil society institutions can solve problems being in the field of interests and needs of each person, so creating favourable conditions to eradicate legal nihilism. Using the truly valuable potential of law (first of all, legal law), civil society and legal state carry out transformations that ensure decent existence of any individual and by this minimizing the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal state, the practical negative attitude to legal nihilism should not weaken, because in the face of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with constant increase in the level of legal awareness and legal culture of the majority of members of civil society, which is a consequence of the following conclusions. Values of law is a phenomenon of objective property, based on the ideas of natural law, arising from the fact of a person’s existence and directed exclusively to a person, his rights and needs. The value essence of law really manifests itself only in the conditions of the functioning of civil society and the rule of law, recognize a person, his rights and freedoms as the highest social value. Legal nihilism begins to lose gradually its potential strength only when the majority of members of civil society recognize the priority of the values of law. The confrontation of the values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Based on the values of law, civil society institutions can solve problems that are in the field of interests and needs of each person, which creates favourable conditions for the eradication of legal nihilism. Using the truly valuable potential of law (first of all, legal laws), civil society and the rule of law carry out those transformations that ensure the worthy existence of the individual and thereby minimize the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal law any negative attitude to legal nihilism should not be weaken, since in the conditions of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with permanent increase in the level of legal awareness and legal culture of the majority of civil society members which is a consequence of increase of quality of legal education and upbringing.

scholarly journals Legal Culture, Legal Worldview, and Legal Awareness of Subjects in Philosophical and Culturological Discourse

2019 ◽  
Vol 12 (5) ◽  
pp. 129
Author(s):  
Olga A. Andreeva ◽  
Andrei Yu. Mordovtsev ◽  
Oleg M. Shtompel ◽  
Alla A. Timofeeva ◽  
Magomedrasul M. Shuaipov
Keyword(s):  
Legal Culture ◽  
Cultural Discourse ◽  
Legal Consciousness ◽  
Legal Information ◽  
World Outlook ◽  
Methodological Aspects ◽  
Legal Entities

This article points out and addresses problematic issues related to the nature of the legal culture, legal worldview, and legal awareness of legal entities. Within the framework of the philosophical-legal and cultural discourse, the authors of the study reveal the existing “semantic layers” regarding the essence of legal culture, its structure and manifestations, as well as the determining influence on the content of the legal world outlook, methods (forms) and results of dissemination of legal information. The article involves theoretical and methodological aspects of studying the national legal culture and legal consciousness, developed by various representatives of the Russian classical legal and philosophical-legal schools (I.A. Iliin, N.S. Trubetskoi, N.N. Alekseev and others).

Legal values as determinants of sustainable development of society

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Kachur Vira ◽  
Keyword(s):  
Sustainable Development ◽  
Legal Culture ◽  
Inclusive Development ◽  
Legal Consciousness ◽  
Legal Socialization ◽  
Public Authorities ◽  
Common System ◽  
Development Goals ◽  
Legal Position ◽  
Legal Guidelines

The goals of sustainable development, outlined in the final document of the UN Summit «Transforming our world: the 2030 agenda for sustainable development», continue to be the main model of development for all countries. Sustainable development is formed and provided by various determinants, among which legal values are not the last. They provide legal identification of objects recognized as benchmarking guidelines for sustainable development, and form the value and legal orientations of entities which activities are aimed at performing these tasks. The lack of a common system of legal values leads to the deformation of the legal consciousness of the population, the dominance of nihilistic trends, makes it impossible to achieve sustainability and stability in society. Therefore, the existence of a single value-legal paradigm is a consolidating factor of Ukrainian society, forms a positive attitude of the subjects to the political and legal life of the country, promotes their legal socialization and the development of a proper legal position. This allows to achieve social justice, build the foundations of inclusive development, ensure the rule of law, eradicate corruption and restore trust in the state and its institutions, strengthen social cohesion, ensure the interaction of public authorities with the public and self-organize the activities of citizens. Among the legal values that contribute to the achievement of sustainable development goals and form the foundation of legal culture, a special place is occupied by human, justice, freedom, responsibility, equality, patriotism, religious tolerance, etc. Keywords: life choice, legal culture, legal position, legal values, value and legal guidelines, sustainable development, value and legal attitudes

Colonial Traditions, Co‐optations, and Mi'kmaq Legal Consciousness

2011 ◽  
Vol 36 (01) ◽  
pp. 171-200 ◽  
Author(s):  
L. Jane McMillan
Keyword(s):  
Nova Scotia ◽  
Indigenous Peoples ◽  
Legal System ◽  
Justice System ◽  
Legal Culture ◽  
Legal Consciousness ◽  
Royal Commission ◽  
Specific Recommendation ◽  
Overwhelming Evidence ◽  
Life Sentence

In 1996 a provincial court was established at Eskasoni Mi'kmaq Community in Nova Scotia, Canada, in response to overwhelming evidence confirming the failures of the Canadian legal system to provide justice for Indigenous peoples, and as a specific recommendation of the Royal Commission on the Donald Marshall, Jr., Prosecution. Marshall, a Mi'kmaq wrongfully convicted of murder, served eleven years of a life sentence before proving his innocence. The importation of provincial legal culture into an Indigenous community creates tensions and contradictions surrounding the legitimacy, authenticity, and efficacy of Indigenous laws. The ontological conflicts that arise from the imposition of a justice system integrally linked with colonization, criminalization, and assimilation cannot be resolved through indigenization of court staff and administrative conveniences. The Mi'kmaq continue to assert their laws and articulate their legal consciousness against the co‐optation of dominant system, with mixed results.

scholarly journals REVOLUSI MENTAL UNTUK MEMBENTUK BUDAYA HUKUM ANTI KORUPSI

2014 ◽  
Vol 3 (3) ◽  
pp. 453
Author(s):  
Arfan Faiz Muhlizi
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
National Culture ◽  
Nation Building ◽  
Legal Culture ◽  
Cultural Transformation ◽  
Traditional Values ◽  
Culture Transformation ◽  
The Law ◽  
Almost All

<p>Revolusi mental yang ditopang oleh kekuatan civil society adalah bagian dari penguatan budaya hukum ketika memandang hukum sebagai sebuah sistem. Terdapat beberapa fakta yang menunjukkan bahwa korupsi telah sedemikian meluas sehingga hampir semua elemen Negara, baik di eksekutif, legislatif maupun judiciil . Berpijak dari visi revolusi mental ini menarik untuk dibahas lebih jauh mengenai bagaimana pemberantasan korupsi bisa dilakukan dengan paradigma, budaya politik, dan pendekatan nation building baru yang lebih manusiawi, sesuai dengan budaya nusantara, serta bagaimana transformasi budaya nusantara dalam pemberantasan korupsi. Dengan pendekatan yuridis normatif diperoleh kesimpulan bahwa Nation Building pemberantasan korupsi berpijak prinsip supremasi hukum, kesetaraan di depan hukum dan penegakan hukum dengan cara-cara yang tidak bertentangan dengan hukum. Di sisi lain, terdapat anggapan bahwa sulitnya pemberantasan korupsi di Indonesia adalah akibat pemahaman bahwa korupsi adalah budaya bangsa. Pemahaman ini perlu diluruskan dengan menunjukkan bahwa budaya bangsa Indonesia adalah anti terhadap korupsi dan melakukan transformasi budaya. Transformasi budaya nusantara ke dalam format pembangunan hukum, khususnya pemberantasan korupsi, bersumber dari dua elemen yakni dari nilai-nilai agama dan dari nilai-nilai adat.</p><p>Mental revolution supported by the strength of civil society is part of strengthening the legal culture as identify the law as a system. There are some facts showing how spreadable corruption it is in almost all elements of the nation, in the executive, legislative and judicial body. Based on the vision of mental revolution, it is interesting to discuss furthermore how corruption eradicating can be work with the new paradigms, political culture, and nation-building approach, which are humanly, likewise the national legal culture, and how the national culture-transformation in eradicating corruption. By normative juridical approach can be concluded that the nation building in combating corruption is based on the Supremacy of law principle, equality before the law and law enforcement in association with legal. On the other hand, there is a presumption that contraints of corruption eradicating in Indonesia because corruption has became a part of nation’s culture. This presumption must be clarified that Indonesian genuine culture is anti corruption. National Cultural Transformation, especially in combating corruption, based on 2 (two) elements which are religious values and traditional values.</p>

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