To the question about the possibility of the formation of high-quality legal ideology in a systemic crisis of culture
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
In the article on the general theoretical level raises the problem of the possibility of the formation of high-quality legal ideology in a systemic crisis of culture. Under the high-quali- ty legal ideology author understands such type of ideology, the content of which is not limit- ed enshrined at constitutional level declarative provisions on the need to develop a legal and social state, but includes a specific program of legal support of all the important spheres of social life, based on the common values and principles of social regulation, that will help unite around at least the vast majority of citizens. The author assumes that the appropriate crisis processes in law always somehow connected with the crisis processes in culture. The author notes that the current social culture is undergoing a crisis stage in its development, as clear- ly evidenced by the numerous realities of today. If we generalize the well-known manifestations of systemic cultural degradation or crisis, we can ensure that the growing spread of these negative trends of social development is the result of a significant devaluation of the traditional regulatory capacity of morality, which for the past generations played the major role in social life. Therefore, the objective morality as a certain set of time-proved and centuries-old experienced of past generations rules of human behavior, and formed on the basis of its impact on human consciousness internal condition of individual morality, have the most important meaning for the development of culture, and, therefore, relevant spheres and areas of public life, including legal. After all, the domination of material values over spiritual transforms human in hedonistic subject who seeks comfort and pleasure at any price, and moral values, on the contrary, contribute to a significant slow- down of the consumption of material wealth and physical pleasures. That is why for the main ideologists of liberal concept of social development it is extremely important that the meaning of traditional moral values were replaced by other content. In other words, it is necessary to put a different meaning in the traditional, and for all of us well-known notions as the «con- science», «humanism», «justice», «equality», «freedom», «honor», «dignity», «honesty», «goodwill», «respect», «shame», «mercy», «compassion» and so on. As completely abandon of these notions it is impossible to reach, it is necessary to create such conditions that the meaning and purpose of human life confined to immediate needs and desires of individuals, which under certain conditions can be fairly easy to get. So, it is proved that the systemic crisis of culture manifests itself at the level of devalua- tion of the categorical moral imperatives that permeate all the elements of this multidimen- sional phenomenon, including human rights, achievements of world art, public morality, fam- ily values, the condition of education and upbringing, the purpose and meaning of human life, personal human qualities, etc. Because human morality as a kind of ideal social image cannot be considered as the ini- tial of formation and development of national legal ideology, then where, for example, will take a fair and transparent activities of public authorities if its representatives are not guided in its activities by moral norms criteria, which by their nature much more deeply penetrate the essence of the respective relations; where there will be honest business activities, if personal wealth and success, and not, for example, charity is the main thing, what should be strived; finally, where there will be more or less full regime of law-and-order in society? As a result of the research the author makes a conclusion about the impossibility of the formation of high-quality legal ideology in conditions of moral consciousness degradation in public and individual levels. After all, value-regulatory aspects of law, its ideological content, are in the very close relationship with the culture and its main element, which is morality. Artificial neglect this relationship by society and especially its government representatives, according to the author, can only enhance the social degradation, as it will contribute to the alienation of the individual from society, government and himself.
Authors and Affiliations
Serhii Sunegin
Keywords
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