Legal consciousness: historical and logical context

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Legal consciousness: historical and logical context

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

The study of legal consciousness in their works directly or indirectly concerned scientists of different eras, ranging from the thinkers of ancient Greece and Rome and ending with the works of modern authors. In particular, Pythagoras, Plato and Democritus, Heraclitus, Epicurus, considered the Genesis of legal consciousness, based on the distinction of their original being – matter or consciousness. In the middle ages Augustine and Thomas Aquinas recognized the will of God as the main source of justice. The new time was characterized by a shift in the focus on reason (common sense) as a source of law. In other words, the legal consciousness, which knew the world around (material and social), was recognized as the source of law. This was typical primarily for the teachings оf T. Hobbes, G. Grotius, J. Locke, Would. Spinoza. The vector of the study of legal consciousness to a certain extent changed in the works of the founders of German classical philosophy – I. Kant and G. Hegel. They considered the sense of justice as a source of law, which learns itself through its own reflection. These scientific studies did not constitute a holistic concept of legal consciousness. Under this definition, To a certain extent fall labor Ly. Petrazhitsky and I. Ilyin (especially the latter). The Soviet period of research of the specified problems was characterized by active scientific search, since practical application of the theory of legal consciousness as the only source of the right in the post-revolutionary period and finishing with theoretical works of M. Strogovich, I. Farber, G. Ostroumova, Е. Nazarenko, V. Raw. In Ukraine, too, actively carried out scientific research in this direction. First of all this applies to the works of D. Pacopaco, M. Koziubra, N. Borax, A. Afranowym. The current state of her research, in addition to the above wri tings of such authors as N. Tsimbalyuk and V. Malakhov, includes works by N. Wolkowicki, A. Denisova, V. Demichev, M. Neduhy, I. Panchuk, who have considered this subject mainly from the standpoint of theory of state and law. At the same time, there are many studies on the applied aspects of legal consciousness. For example, The question of studying the role of justice in the activities of law enforcement officers devoted their work in particular P Makushev, A Turkan, A. Rogovtseva, interaction of legal consciousness and legal culture S. Maximov, N. Panov, A. Petryshyn, V. Tatsiy. With the advent of new methodological approaches, such as phenomenology, hermeneutics, studies of the problems of legal consciousness have received a new impetus. In General, it is concluded that the evolution of scientists views on the legal consciousness depended on their belonging to one of the philosophical currents: idealism or materialism.

Authors and Affiliations

Vita Kozachenko

Keywords

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EP ID EP544926
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