scholarly journals The concept of normal legal consciousness

Author(s):  
Vladimir Tolstik

The article argues the expediency and importance of using the concept of “normal legal awareness” in legal science and practice. An attempt has been made to identify and substantiate its criteria, which make it possible to distinguish between normal (healthy) and abnormal (unhealthy, defective, deformed) legal consciousness. Recommendations are formulated that can be overcome by the relativity criteria of the normality of legal consciousness.

Author(s):  
Nataliia Onishchenko

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.


2018 ◽  
Author(s):  
S.I. Zakhartsev ◽  
V.P. Salnikov

The book is devoted to some actual problems of philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of postpositivism and postmodernism, and invites to return to dialectic as a universal global methodological basis of scientific cognition. On the basis of dialectics in the book deals with law. It explores the subject of philosophy of law, ontology and epistemology of law, methodology and content of law, legal consciousness and its deformation, problems of legal science and their solutions, legal progress and etc. It substantiates the theory of comprehending study of law. It proposes new ideas and suggestions. Monograph is addressed to researches in the field of philosophy and philosophy of law, lawyers, teachers, postgraduates, students, and also to everyone who are interested in problems of philosophy and law.


2020 ◽  
Vol 11 (11) ◽  
pp. 111-117
Author(s):  
Kovalchuk О. M.

This article focuses on the problem of legal consciousness, which is one of the most difficult in the theory of law and whose origins come from antiquity. Based on historical, economic, political, cultural and religious factors, at each stage of development, thinkers tried to give their understanding and definition of law. Each of the concepts and theories had certain positive aspects and disadvantage, revealing one or another side of such a multifaceted phenomenon as law. Modern scientists, applying new methodological techniques and the latest achievements of the humanities and natural sciences, the needs of society, continue to identify new aspects of law in order to better understand it and effectively regulate relations between people. The urgency of the outlined issue is enhanced by the active reforms in Ukraine, which requires the research of future trends in legal consciousness. Analysis of modern scientific trends in the legal consciousness indicates a gradual departure from the positivist types of legal consciousness and orientation to human as the highest social value. Ukrainian researchers pay attention to the continuity of the right to life, with the objective needs of people and their harmonious development. Therefore, modern legal consciousness presupposes compliance of legally established normative legal acts with natural law. Pluralism of scientific theories of legal consciousness makes possible to explore the essential features of law that are necessary for the establishment of universal values, to raise to a qualitatively new level the legal content of human rights and freedoms, to develop and implement a real mechanism for their protection. Modern science of law has to provide a gradual combination of positive features of all theories of legal consciousness, which will include the consideration of law as an integral, but multifaceted social phenomenon. It is pointed out that the integrative approach is not final in solving the problem of legal consciousness. Trends and prospects of modern jurisprudence in the field of legal consciousness are to identify the most rational and logical theories to determine the essence of law, which will contribute to a more complete and comprehensive research of such a multifaceted and complex phenomenon as law, which will constantly require rethinking. Keywords: legal consciousness, interpretation of legal consciousness, development of national legal science, positivist approach to legal consciousness, integrative approach to legal consciousness.


2015 ◽  
Vol 2 (3) ◽  
pp. 35-39
Author(s):  
Y A Gavrilova

The article is devoted to the problem of semantic search epistemological status of legal values in General conceptual and categorical apparatus of legal science. The author’s view of a legal value from the point of view of the General semantic theory as the basic systemforming element of the meaning of law and the legal object of meaning. This creates prerequisites for the detection axiological components in different types of legal consciousness, Federal and regional legislation, in the system the most important types of legal practice. Consideration of legal values in a broad interdisciplinary context allows under the special directions of legal axiology, to combine the positive achievements of the Humanities and the specificity of the law in doctrinal views on the main problems of the theory of law.


Author(s):  
А.М. Денисов ◽  
А.С. Комаров ◽  
Д.В. Масленников

В статье анализируется принцип историзма, введенный Ф.К. фон Савиньи в правовую науку, что позволило ему максимально сблизить естественное право и позитивное право, которые он трактовал как два момента исторического развития «всеобщего народного духа» и народного правосознания. Автор доказывает, что иррационализм Ф.К. фон Савиньи, распространенный на системообразующее понятие «народного духа», является следствием ограниченности его методологических возможностей в теоретической сфере. The article analyzes the principle of historicism introduced by F.K. von Savigny into legal science, which allowed him to bring natural law and positive law as close as possible, which he interpreted as two moments in the historical development of the "general popular spirit" and popular legal consciousness. The author proves that the irrationalism of F.K. von Savigny, extended to the system-forming concept of "folk spirit", is a consequence of the limited methodological capabilities in the theoretical sphere.


2019 ◽  
Vol 60 ◽  
pp. 424-428
Author(s):  
Alexandra I. Vakulinskaya

This publication is devoted to one of the episodes of I. A. Ilyin’s activity in the period “between two revolutions”. Before the October revolution, the young philosopher was inspired by the events of February 1917 and devoted a lot of time to speeches and publications on the possibility of building a new order in the state. The published archive text indicates that the development of Ilyin’s doctrine “on legal consciousness” falls precisely at this tragic moment in the history of Russia.


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