Kazan (Volga region) Federal University

Номер: 8-2
Год: 2015
Страницы: 40-42
Журнал: Актуальные проблемы гуманитарных и естественных наук

Ключевые слова

правовая культура, правовая система, правовое воздействие, legal culture, legal system, legal pressure

Просмотр статьи

⛔️ (обновите страницу, если статья не отобразилась)

Аннотация к статье

Автор рассматривает правовую культуру в отечественной правовой системе современной России через призму правового воздействия. Проводится факторный анализ данных правовых феноменов, в результате которого выявлены особенности правового воздействия и влияние на этот процесс правовой культуры.

Текст научной статьи

Reforms of modern Russian society update the problems of legal culture development. Social institutions of all levels undergo changes including the institutions of law. In accordance with the Constitution of the Russian Federation every citizen of the country in terms of law-based state and civil society has to develop his personal legal culture that makes the processes of legal studying improvement very important for society in whole. Basic person’s legal competence of legal terms and practice becomes the essential condition of legality of state activity, and is reflected in the constitutional principal of law supremacy. Hereby, it is beyond any doubt that legal culture becomes very important at the modern stage of legal system development. The concept of legal culture is the multifaceted phenomenon. Sociological and psychological aspects of legal culture studying has been represented in the works of pre-revolutionary Russian researchers: L.I .Petradgitzky [9](domination of individuality in legal consciousness and legal culture), G.F. Shershenevich [13;14] (consideration of law in the light of legal positivism), N.M. Korkunov [7] (study of individual consciousness as the basis of law) and in the studies of modern law scientists: N.N. Voplenko [2], V.P. Salnikov [11], V.N. Sinyukov [12], L.A. Petruchak [10]. The concept of legal culture is also considered in the context of a new term - anthropology of law. Being developed in the jurisprudence nowadays, anthropology of law means studying the legal expression of human existence, the necessity of researching of which has been pointed out by V.V. Zenkovsky [3] and A.I. Kovler, who underlines that it is important “in the frame of general jurisprudence to develop a new branch of legal science faced to the man and his legal genesis” [5, 20]. The legal genesis demonstrates person’s legal and cultural peculiarities and shows main legal characteristics of citizen’s culture in any country. Legal culture is defined in close connection with the estimation of social and personal culture and with the consolidation of man’s activity in lawmaking and law enforcement. Concerning the processes of globalization many theoreticians have distinctly demonstrated the tendency of law towards universalization and unification. According to M.N. Marchenko, this tendency in terms of globalization has revolutionary character [8]. Some foreign researchers point to the conceptualization of “global jurisprudence” as an incentive to keep legal bases of national and regional culture and to maintain the balance between human values and system of law enforcement [15]. From the point of view of estimation and determination the concept of legal culture the statement, that the law is in contradiction to the state and it is destined to restrict and regulate the state power, demonstrates the real purpose of law: “state cultivation” and culture values imposition. In this context the law acts for the state as a criterion of cultural treasures. Peace, balance, harmony is the law’s function as a cultural value. The legal culture is defined as a system of knowledge, values and moral principals determining the measures of individual and social orientation in legal practice on different levels: state, social and individual. It is typical for legal culture to have a developed structural stability of sense of justice which has such a level of growth that allows estimating personal, social and state activity. The legal culture is also characterized by the opportunity to represent legal actions of an individual in the moral space. High level of legal and social consideration is an evidence of highly developed legal culture. Concerning the notion of legal pressure the Russian scholars of law usually examine it simultaneously with the notion of legal regulation and in close correlation with the concept of legal culture. According to S.S. Alekseev, legal pressure characterizes the law in implementation [1]. It forms the basis of influence on public life, however more important thing is that law is operated by society as its moral aspect. Law is a part of social practice, it affects the society and, simultaneously, law is under the society impact as well. The aim of influence is the changes in individual and social life. Confirming the statements hereinabove explained M.N. Marchenko points out that law pressure is possible only when the strength of the subject of action is sufficient enough to make some changes with the object of action. [16, 315] The analysis of the administrative law practice carried out during three year (2013-2015) by participant observation method demonstrates that the changes occurred under the impact of legal authorities decisions are not always positively progressive. Although 68 percent of the cases tried by the private practice lawyers of Kazan city have been closed by full or partly satisfaction of the claims, the legal pressure has negatively developed values. In 23 percent of cases where the claims have the moral nature the legal pressure proved to be positively progressive, in other words a firm legal progressive stance has been adopted. The survey has demonstrated that both an object of law and an entity of law are influenced. The higher is the level of aspiration of legal entities the stronger is the impact that the juridical ideas underlying the legal practice have on them. The legal pressure is destined to influence the society and public relations directly as well as mediated by ideas, guidelines and legal discussions. Studying the features of legal pressure in contemporary juridical practice by the help of the participant observation method we have come to the conclusion that the legal pressure has the subjective nature where the social preferences of the legal entity are reflected. High social claims, efficient and deliberate procedural opportunities for pressure, clear and flexible conception of individual’s legal space and striking manifestation of legal activities - all this reasons leads to the convincing demonstration of volitional features of legal pressure and its high active impact. We agree with S.A. Komarov that “legal pressure is an effective regulatory impact on the public relations as well as a special system of proper legal rules (legal norms, legal relationship, law enforcement and) and the other legal phenomena (legal awareness, legal culture, legal principals, lawmaking process)” [6,143]. Undoubtedly, law affects society and is influenced by the social institutions and individual aspiration either. The state has realized a necessity of establishing and constant monitoring the system of legal phenomena which assists in exerting the legal pressure. So, legal culture as one of the main elements of this system is included in all levels of its manifestation: state, social, individual. Legal pressure being very dynamic by nature has the same dynamic influence on the legal phenomena which simultaneously can be used for the law enforcement. Legal phenomena reflect specific ways of law perception and law application and also another law treatment and interpretation typical of different historical epochs. Contemporary Russian legal system is on the stage of reforming and the progressing processes may be characterized as unstable, liable to the structural changes. Legal culture of Russian state and society is being formed in accordance with these peculiarities and has an unpredictable character. Thus, on the first hand, it is resorted to passionate rhetoric on the state level and “the spirit of law” is enunciated as the principle for the society of high legal ideals and values. Accordingly, the legal culture is guided by the high status of legal ideas as the main legal values of social life. On the other hand, one can see the low rate of citizens’ participation in law implementation on all levels of social activity and there exists the law nihilism phenomena. In contemporary society legal culture may be considered as a factor of legal pressure which causes the appearance of different innovative forms of legal practice such as the Internet forums, open legal discourse sites and open tribune of law-enforcement authorities, social claim for criticism. However, such forms of legal practice are not effective and do not solve all the problems, besides the legitimacy of these methods is quite controversial. As a cultural phenomenon law is a presentation of spirituality and a space where interpenetration of these phenomena occurs. The process of interpenetration takes place in such legal phenomena as legal culture. Connection of law and culture may have quite controversial character. On one hand, law restricts an individual’s freedom, on the other hand it controls chaos and violence that means regulation and harmonization different spheres of life, protection for “the person who lives in the state and needs protections against the state violence as an object of power”[4, 132]. Developing under different political, economic, psychological and social circumstances legal culture as a factor of legal pressure has grown into socio- political phenomenon. As a legal pressure instrument it influences on the processes of the law perception changes that take place in society. In contemporary Russian society the dynamics of legal culture and legal pressure changes is mostly observed in the sphere of legal phenomena development, both individual and social. All the changes are caused by the growth of legal culture rate in legal pressure that consequently leads into implementing of different legal pressure instruments and juridical appraisals.

Научные конференции


(c) Архив публикаций научного журнала. Полное или частичное копирование материалов сайта возможно только с письменного разрешения администрации, а также с указанием прямой активной ссылки на источник.