Law, regarded as a phenomenon of spiritual life, belongs to the sphere of individual and social consciousness. You can consider such elements as regulations, legal norms, law enforcement decisions and other legal phenomena as original projections of culture (theoretical and practical). In this case, to designate the latter, science requires a special concept. They are the legal consciousness of citizens, groups and society as a whole. It is about him that we will talk today.
What is justice
It is an active participant in the settlement of diverse life processes in the state and society. Legal consciousness contributes to the consolidation of all social groups and citizens, strengthening and maintaining the integrity of society, order in it. The basis of the strength of the state, the functioning of its legal and political systems with maximum efficiency is a healthy legal awareness of members of society, their respect for the law. Ideas about the fairness of permissions and prohibitions, human rights and obligations affect the formation of attitudes and motives of human behavior in the field of interest to us.
Speaking about what is legal consciousness and legal activity of individuals, it should be noted that this is the basis of the rule of law in a civilized society. Their education is a necessary component of the fight against crime, crime prevention.
In science, issues such as the concept, structure, essence, functions and types of legal awareness are considered. It is an ideal phenomenon, that is, one that is not directly observed. When answering the question of what legal consciousness is, it is necessary to remember that this is an area or sphere of consciousness in which legal reality is reflected in the form of evaluative relations to the implementation and theoretical aspects of law. It is also expressed in the form of legal knowledge, socio-legal attitudes and value guidelines that govern the behavior of an individual in situations that are legally significant.
The following factors influence the formation of legal consciousness and its development: socio-political, cultural, economic. It is interconnected with morality, political consciousness, religion, art, science, philosophy and interacts with them.
The specifics of legal consciousness
The specificity of the phenomenon that interests us is that it perceives and subsequently reproduces, through the prism of a free, righteous, just society, certain life realities. Different types of legal consciousness require that norms of behavior binding on all be established in society. They outline the boundaries of lawful and unlawful, and also require special legal measures designed to ensure the right. This type of consciousness, unlike other forms, is more inherent categorical, definite and formal. However, the concept of legal awareness is focused mainly on creating the necessary conditions for the realization of the rights of a citizen and a person.
The meaning of the term that interests us can be understood through its functions. Exploring the concept of legal consciousness, scientists have established that its functions are as follows:
- cognitive;
- regulatory;
- estimated.
We will briefly consider each of them.
Cognitive function
It lies in the fact that through the perception and comprehension of various legal phenomena is carried out, in fact, the knowledge of life. Both citizens and lawmakers are the subjects of such knowledge. Both that, and others use representations of the due and existing law, participating in legal regulation.
Rating function
It consists in the fact that legal consciousness serves to assess certain life circumstances as legally significant. There is such a thing as legal assessment. Its definition is as follows: it is the activity of various subjects of law, both law enforcers and citizens, in establishing life circumstances, as well as their legal and social qualifications in accordance with their own ideas about proper behavior, legality and law.
Regulatory function
This refers to the regulation of individual behavior. Legal consciousness serves as a “mechanism for triggering” one or another prescription of law in the human mind. This is manifested in the actions and deeds of the latter. This function is implemented using a system of value orientations, motives, legal attitudes (those that are specific regulators of human behavior). For example, information on legal norms leads to the emergence of a whole complex of psychological reactions in subjects of law. These are experiences, emotions, feelings with which the appearance of one or another inhibitory or inducing motivation for behavior is associated. Legal consciousness in this case serves as a motive for a certain type of behavior.
Thus, the phenomenon that interests us is the organic unity of the set, evaluative and cognitive elements. There is such a thing as a structure of legal awareness. This structure is characterized by the following two layers: legal psychology and legal ideology. Briefly tell about them.
Legal psychology
It reflects mainly the contemplative element of cognition. An unsystematized, spontaneous layer of legal consciousness is such a layer of it as legal psychology. It is expressed in the psychological reactions of a social group or an individual to the state, legislation, law and other legal phenomena. The sphere of legal psychology includes joy or grief that appears after the adoption of the law, satisfaction or dissatisfaction with the implementation of specific norms, a person's indifferent or intolerant attitude towards violations of the requirements of the law.
This element of the structure of justice is its most common form. To a certain extent, it is inherent in all social relations that appeared with the participation of the legal element. Leading definitions of the social essence of law, such as humanism, the formal equivalence of subjects, etc., are carried out precisely in this area.
Legal ideology
This is the second important element in the structure of the concept that interests us. Legal ideology is a scientific, systematic expression of legal requirements, views, ideas of a social group or society. Its formation is carried out in the course of theoretical awareness of the goals, interests and tasks of society, the individual, the state. Legal ideology substantiates legal relations, alleged or established. Its development involves both legal scholars and political figures and employees of various legal institutions. It is about forming the elements of legal awareness at a theoretical level.
Specialists in the development of theoretical problems, ideas and regulatory methods rely on knowledge accumulated earlier. They summarize the experience of the legal life of the whole society, and also take into account the possible negative and positive consequences of legal acts that are planned to be adopted, structural changes in legal bodies. In this case, materials of sociological research are used, as well as statistical data on demographic and economic processes in society. In addition, the mood of social groups, public opinion, the picture and dynamics of various offenses are taken into account.
It should be noted that legal ideology significantly exceeds the first of the structural elements that we have examined in the nature and degree of knowledge of law. Psychology usually captures the superficially-sensual, largely external aspect of phenomena, while ideology tries to reveal the social meaning and essence of the nature of law. She usually strives to present him as a kind of complete dogma and cultural-historical philosophy.
There are various levels of legal awareness. Consider the main ones.
Ordinary justice
The common sense of justice and the culture of behavior are determined by the mass representations, moods and emotions of people about the rule of law. These feelings appear under the influence of the immediate conditions of human life, its practical experience. As you know, everyday consciousness is limited. This is due to the narrowness of individual experience, which basically does not go beyond the immediate problems of everyday life. Consequently, the legal consciousness cannot remain within the limits of everyday ideas of a person about the social world surrounding him. In its development, it inevitably goes to a higher level. Broad generalizations appear, various social laws that act objectively come to light.
Professional justice
It includes beliefs, ideas, concepts and traditions that are formed among professional lawyers. As practice has shown, different groups of jurists have different perceptions of legal reality. For example, a judge has a different attitude to legal reality than a prosecutor, and the latter evaluates it differently than a lawyer. The forensic expert and the faculty of law will give completely different assessments, despite the fact that both have a higher legal education. Such a variety of points of view is explained by the fact that the theoretical view is refracted through various types of activities, including law enforcement and legislative.
Scientific Legal Awareness
It includes views, concepts and ideas that express a systematic development of law (theoretical). The scientific legal consciousness in modern societies has a leading role in indicating the ways in which legislation and law should develop. It is scientists who are its carriers.
Not only the levels of legal awareness, but also its subjects can be the basis of its classification. Its types, distinguished by this attribute, are individual and collective legal consciousness. The latter, in turn, is divided into social, mass and group.
Public justice
It includes theories, opinions, views and ideas that are common in a particular society and reflect the typical features of its legal reality. The legal consciousness of society is objectified in ideology, legal science or legal culture. It is also implemented in law, as the latter is adopted by the state body representing the company. It is also objectified in mass representations, which are reflected, for example, in the press, as well as in all kinds of ideological institutions (religion, art, morality, politics, etc.).
Group and mass justice
It represents the collective consciousness of various social groups. Features of this type of justice are explained by a number of factors. First of all, a specific subculture is formed in any community, that is, normative values that influence the assessment of the existing legal system by representatives of the group. Another factor is the differences in the interests of certain socio-demographic groups, which are associated with their unequal position in the social structure. The latter means that their attitude towards power, the distribution system and ownership is not the same. In a word, they evaluate the social system in different ways, as well as the norms that govern it, consolidate and determine it.
It should be noted that group justice is different from the mass. The latter is characteristic of temporary, unstable associations of citizens.
Individual justice
The legal consciousness of a person is the result of the process of his socialization, his assimilation of social and group legal consciousness. Each person perceives legal reality on the basis of personal experience. In addition, a collective role in this is played by collective forms of consciousness.
The definition of deformation of justice and its types
This phenomenon is a distortion of law, the destruction of its positive ideas. The following types of it exist.
- Legal fetishism. This deformation is a hypertrophied view of the role of legal means and law in solving political, socio-economic and other problems. For example, some citizens believe that crime can be defeated if the criminal law is tightened. The ruling elites in some cases are subject to this type of deformation. For example, Peter I believed that by establishing the “right” legislation it would be possible to solve many of the socio-economic problems of our country.
- Legal dilentialism. Such a deformation of legal consciousness is a free treatment of a person with the right, with one or another assessment of the legal situation. The reason for this is the individual’s careless attitude to legal values, and not his selfish goals.
- Legal infantilism. This is lack of form, a lack of legal knowledge in a person with his personal confidence in his thorough legal training. As a rule, such a deformation refers to young people who have high self-esteem and are not able to correctly assess the level of their knowledge.
- "Rebirth" of justice. This deformation of justice is an extreme degree of distortion, which includes criminal intent. This attitude is inherent in criminal communities, as well as persons who embarked on an unlawful path.
- Legal nihilism. This type of deformation is expressed in the devaluation of legality and law, the deliberate disregard for various requirements or the underestimation of their regulatory function in society.
So, we determined what the legal consciousness is, what is its structure, identified the main elements. We hope you find the answers to all your questions. You need to understand the meaning of terms such as law and legal awareness, especially if your professional activity is legal.
Legal education
Legal consciousness in modern Russia is in crisis. This causes the need and the need for adoption and implementation of measures aimed at overcoming the nihilism of citizens, creating a legal culture of the individual and society. It is necessary that respect for the law be a personal conviction of all the inhabitants of our country.
A special place in the series of these measures should be given to legal education. This is one of the most effective ways to strengthen the rule of law and the rule of law, the purposeful formation of the interests and needs of the individual. This process has as its goal the establishment of a respectful attitude to the law, based on persistent legal assessments, views, beliefs, and attitudes. Thus, it should be aimed at the general legal development of the individual. Thanks to this, society will be able to prevent cases of violence and arbitrariness, manifestations of deviant behavior and backward views of its members. This, in turn, will lead to the strengthening of the rule of law and the rule of law on which modern society should be based.