The Concept, Essence and Digital Reality of Ordinary Legal Consciousness

A. Kulakov
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Abstract

The process of formation and development of legal consciousness is one of the main elements of the development of public consciousness in general, it helps to reach new levels of collective evolution. The development of public consciousness went through many stages, it can be defined as follows: from mythological, and then traditional consciousness to logical and legal consciousness. The category of legal consciousness, widely used in legal discourse, acts primarily as a characteristic of the sociolegal way of being a person. Legal consciousness, considered as a process, implicitly contains an initially defined meaning of law, encoded in the goal-setting and ideological position of the subject as a legal creature. In modern domestic jurisprudence, issues related to the understanding of legal consciousness, its essence and structure, have been developed to a certain extent. However, this does not mean that there is no space for their further study, taking into account the new methodology and changing social realities. In their works, various authors express positions that legal consciousness should be considered as a complex, in relations of interaction with law: one depends on the other equally. At the same time, it should be noted that legal consciousness is also influenced by non-legal factors that have a huge impact on the formation of legal consciousness, namely: ideological, cultural, religious, historical, material and economic, historical factors. Combining, all of the above factors form the levels of development of ordinary legal consciousness, both personal and public. The choice of legal means and, as a result, the effectiveness of the types of legal activities of the individual and society as a whole depends on the level of development of ordinary legal consciousness. In this article, the Author analyzes one of the levels of legal consciousness, namely ordinary legal consciousness. Special attention is paid by the Author to the views of legal scholars regarding the “concept” and “essence” of ordinary legal consciousness. The construction of legal consciousness, its specificity, characteristic features, as well as factors influencing its development and formation are considered. In his work, the Author reveals the features of ordinary legal consciousness, and also comes to the conclusion that ordinary legal consciousness is a phenomenon based on the subjective reflection of an objectively existing and developing reality by an individual.
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普通法律意识的概念、本质与数字现实
法律意识的形成和发展过程是一般公众意识发展的主要因素之一,它有助于达到集体进化的新水平。公众意识的发展经历了多个阶段,可以定义为:从神话意识到传统意识,再到逻辑意识和法律意识。法律意识范畴在法律话语中被广泛使用,主要是作为一个人的社会法律方式的特征。法律意识被认为是一个过程,隐含着一个最初定义的法律含义,编码在主体作为法律生物的目标设定和意识形态立场中。在现代国内法学中,与法律意识及其本质和结构的理解有关的问题得到了一定程度的发展。然而,考虑到新的方法和不断变化的社会现实,这并不意味着没有进一步研究的空间。在他们的作品中,不同的作者表达了这样的立场,即法律意识应该被视为一种复杂的、与法律相互作用的关系:一个平等地依赖另一个。同时需要注意的是,法律意识也受到对法律意识形成有巨大影响的非法律因素的影响,即:思想、文化、宗教、历史、物质和经济、历史因素。综合以上因素,形成了普通法律意识的发展水平,包括个人意识和公众意识。法律手段的选择以及个人和整个社会法律活动类型的有效性取决于普通法律意识的发展水平。本文分析了法律意识的一个层次,即普通法律意识。本文特别关注法律学者对普通法律意识的“概念”和“本质”的看法。论述了法律意识的建构、法律意识的特殊性、法律意识特征以及影响法律意识发展和形成的因素。在作品中,作者揭示了普通法律意识的特征,并得出结论:普通法律意识是一种基于个人对客观存在和发展的现实的主观反映的现象。
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发文量
14
审稿时长
21 weeks
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