ПРАВОВИЙ ІДЕАЛІЗМ ЯК ФОРМА ДЕФОРМАЦІЇ ПРАВОВОЇ СВІДОМОСТІ

Authors

  • Марина Анатоліївна Бурдоносова

Keywords:

idealism, legal idealism, legal consciousness, deformation of legal consciousness

Abstract

Legal consciousness is one of the forms of public consciousness, which reflects the attitude of the subjects of legal relations to the current law and its derivatives. It reflects not only the state and nature of legal relations, but also trends in their changes. Legal awareness (both public and individual) is a powerful factor in social processes, as it has an active influence on the regulation of the full range of vital interests of society and the state. Developed legal consciousness is a necessary condition for realizing the value of law and the basis for its actual implementation. Therefore, it is important to study this phenomenon as an important component of the implementation of law. Due to the fact that even the "best" elaborated laws, will not be fully implemented if the level of legal culture and legal awareness is low.

Legal consciousness structure consists of three blocks of elements: ideological, psychological and behavioral, which are closely related and are inseparable from each other. Depending on the degree of distortion or immaturity of the structural elements of legal consciousness, the following forms of its deformation are distinguished:

  • legal nihilism - a negative attitude towards law;
  • legal infantilism - immaturity or the presence of gaps in legal views and knowledge;
  • legal negativism - skeptical attitude to the law, conscious disregard for the law;
  • legal fetishism - exaggeration of the role of legal norms;
  • legal idealism - a naive belief in the ability of the law to solve all existing problems, the lack of critical attitude to it.

The purpose of this article is to study the phenomenon of social consciousness at all levels, to define the concept of deformation of legal consciousness and its causes. In addition, one of the areas of research is to study the issue of legal idealism as a form of deformation of the legal consciousness of the population and its structure.

Published

2020-11-15

Issue

Section

Journal Articles