Law and legal awareness: interdependence.
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The main aspects of the interdependence of law and legal consciousness are investigated. The existing points of view of scientists on the investigated problem are found out. The common, distinctive features of law and legal consciousness, their contradictions are singled out. The role of jurisprudence for the formation of legal consciousness is analyzed. Formulation of the problem. The process of regulatory influence of law depends on many factors. Some of them are objective in nature and are associated with social, political, economic, ideological processes, not depending on the will and desire of specific subjects. Others have a subjective significance, since they are dependent on the consciousness and level of the legal culture of the subject. Of particular significance for law is the legal consciousness, because it is she who has successfully evaluated G.V.F. Hegel is a means of assessing the law and enforcing the law that is the product of human activity. The urgency of the analysis of the interaction of law and justice is to establish the main aspects and ways of influencing the right to legal consciousness of the subjects of social relations, as well as the reciprocal influence of legal awareness on the process of law-making, law enforcement, law enforcement and the restoration of rights. Degree of research of the problem. In contemporary scientific literature, the issue of the integrated study of the role of legal knowledge in the formation of legal awareness is paid insignificant attention. Existing scientific publications emphasize the characterization of law or the very phenomenon of legal consciousness through its conceptual and structural aspects. Ideas that are substantiated by P. Baranov, I. Zelenko, V. Ilyin, V. Korobka, O. Lukashova, M. Matusov, P. Novgorodtsev, M. Reisner S. Slika, V. Temchenko, V. Farber on the legal and philosophical understanding of law and justice on the categorical level. Some aspects of the interaction of law and justice are researched in the works T. Demchenko, E. Zhukov, O. Petrishina, S. Hopts Without diminishing the significance of the ideas of our scientists, we still need to note the absence of special scientific works, the purpose of which would be to analyze the interaction and interaction of law and legal consciousness. The purpose of the article is a theoretical and legal analysis of mutual influence and interdependence of law and legal consciousness. The problem of legal consciousness arose with the appearance of the very phenomenon of law in its formal legal sense. Proceeding from this, the phenomenon of legal consciousness in legal science is considered in two aspects: 1) as a specific process of knowledge of law, its essence; substantiation of the leading principles and features; 2) as a result of cognitive activity, knowledge of the right obtained through cognition. A broad approach involves both aspects and assumes that legal awareness is a process of awareness and application of law; separate elements of cognitive-legal activity (the perception of legal phenomena, the idea of legal phenomena and law in general, the concept of law), as well as the totality (or system) of interpreted legal knowledge obtained as a result of cognitive-legal activity. Separate characteristics require the idea of the primacy of law in relation to legal consciousness. This theory is based on two ideas. First, the inclusion in the legal consciousness of a set of rational-sensory representations and knowledge of the existence of legal reality. And, secondly, the introduction to the content of the legal consciousness of the objective basis, which is the result of reflecting the legal reality of the mind as a peacemaking phenomenon. Thus, in our opinion, the phenomenon of «right» and «legal consciousness» are interrelated. They exist and develop together, mutually supporting and complementing each other through legal knowledge. Legal recognition, in turn, includes the process of influencing the right to a judge’s professional legal consciousness. Revealing the essence of the concept of legal knowledge, one can speak of an invisible, but a reciprocal link between the right and the person, where, on the one hand, the right affects the person acting on its object, and on the other – the person perceives and recognizes this influence of law. Thus, the role of legal knowledge in shaping the professional justice of a judge is to exercise influence on professional legal consciousness, since it is the most important source of its formation, transformation and development. But the content, the direction of this influence is not clear and depends on the quality of legislation, its compliance with real needs. Formation of legal consciousness also occurs through the legal influence on the consciousness of the person. Legal influence has the following forms: information action law, the orientation of the influence of law and its special legal effect.
Authors and Affiliations
Svitlana Bobrovnik
Keywords
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