Modern Paradigms of Legal Consciousness and Development of Legal Awareness in Post-Socialist Space
Abstract
For the successful development of democratic institutions in post-Soviet countries, it is necessary to consider features of legal consciousness of population. Article is devoted to consideration of a problem of development of legal awareness in modern Russia in a situation of conceptual crisis of legal consciousness in Russian law. To achieve this purpose, we use a range of complementary research methods, such as analysis, abstract-logical, formal legal and structural methods. We generalize domestic and foreign experience on the subject. Influence of conceptual uncertainty of legal consciousness on legal awareness, and also the legislation and law enforcement is considered. The category of conceptual uncertainty in the law is specified. In addition, the main modern concepts of legal consciousness in modern Russia are considered. Thus, we discussed the main concepts of legal consciousness and their impact on the legal reality of modern Russia. We have provided that the legal consciousness of society is the main driving force in the formation of a legal state. It is noted that the main problems in the formation of democratic institutions in Russia are associated with legal nihilism, the ideological crisis that occurred after the collapse of the Soviet Union and the insufficient amount of experience in the development of democratic legal values.
References
[2] Chetvernin, V.A. 1988. Modern concepts of the natural law. M.: Science.
[3] Ewick, P., Engel, D., Engel, J.S., Tort, Custom, Karma. 2012. Globalization and Legal Consciousness in Thailand.
[4] Gritsenko, A.V., and Tsapko, M.I. 2013. Evolution of legal consciousness in Russia and its communication with doctrines and concepts of the Russian constitutionalism in 1993-2013. The Russian constitutionalism: history, the theory, practice the Collection of scientific articles on materials of the interregional scientific and practical conference devoted to the 20 anniversary of the Constitution of the Russian Federation. Kabakova O. V., Kalinchenko S. B. Stavropol, 297-300.
[5] Halliday S., and Morgan, B. 2013. I fought the law and the law won? Legal consciousness and the critical imagination. Current Legal Problems, 66(1): 1-32.
[6] Halliday, S., Kitzinger, C., and Kitzinger, J. 2015. Law in everyday life and death: a socio‐legal study of chronic disorders of consciousness. Legal Studies, 35(1): 55-74.
[7] Hertogh, M., and Kurkchiyan, M. 2016. When Politics Comes into Play, Law is No Longer Law: Images of Collective Legal Consciousness in the UK, Poland and Bulgaria. International Journal of Law in Context, 12(4) 404-419.
[8] Khamzin, A.Sh., et al. 2016. Constitutional Law Fundamentals of the State Administration of the Social Sphere in Kazakhstan. International Journal of Environmental and Science Education, 11(12): 5237-5249.
[9] Knauer, N.J. 2012. Legal consciousness and LGBT research: The role of the law in the everyday lives of LGBT individuals. Journal of Homosexuality, 59(5): 748-756.
[10] Kozyubra, N. 2011. The Concept of Law: theories, types and levels. Law of Ukraine, (1): 25.
[11] Kubal, A. 2015. Legal consciousness as a form of social remittance? Studying return migrants’ everyday practices of legality in Ukraine. Migration Studies, 3(1): 68-88.
[12] Lakhani, A. 2013. Towards a Consciousness of Inter-Nationality in Managing the Effects of Globalization and Enhancing Global Security. Seton Hall J. Dipl. & Int'l Rel, 14: 81.
[13] Legaz-y-Lacambra, L. 1965. Rechtsphilosophie. Neuwied am Rhein und Berlin-Spandau.
[14] Luchin, V.O. 1996. «The decree law» in Russia. M.: Veles, 4-5.
[15] Mukhachev, I.V., and Tsapko, M.I. 2012. Constitutional legal status as a category of jurisprudential science in a situation of conceptual uncertainty. Society and Law, 5(42): 66-71.
[16] Ol’, P.A. 2005. The Concept of Law: From Pluralism to Two-unity. SPb., 181.
[17] Pattaro, E., and Roversi, C. 2016. Russian Legal Philosophy in the 20th Century. A Treatise of Legal Philosophy and General Jurisprudence. Springer Netherlands, 587-612.
[18] Petrazitski, L. 2011. Law and Morality. New Brunswick: NJ: Transaction Publishers.
[19] Richards, K.B. 2013. International Trials, Rule of Law and Local Legal Consciousness in Croatia: Can International Justice Transform Local Norms?
[20] Ronzhina, N.V., Romantsev, G.M., Piskunov, V.A., and Vrbka, J. 2016. Economic Laws of Division and Changing the Labor in the System of Contemporary Vocational Education Determination. IEJME-Mathematics Education, 11(7): 2788-2799.
[21] Stankievich, G.V. 2014. Legal mentality, sense of justice and legal culture: facet contacts. Culture and society: history and the present materials III All-Russian (with the international participation) scientific and practical conference. Branch of the Russian state social university to Stavropol. Under the editorship of: O. Yu. Kolosova, T.V. Vergun, R. F. Gudarenko, 197-201.
[22] Stankievich, G.V., and Kasevich, E.V. 2015. Legal culture as a basic element in patriotic education of youth. Civic consciousness and patriotism of youth: development tendencies in the modern world the Collection of the international scientific and practical conference. Sotnikova N.N. (editor-in-chief), Grekhova L.I. (originator), 130-133.
[23] The Communicative Concept of Law: Theory questions. 2003. SPb.
[24] Zweigert, K., and Kutz, H. 2000. Introduction to comparative jurisprudence in the sphere of private law. M.: T. I. P., 207.
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