I Fought the Law and the Law Won? Legal Consciousness and the Critical Imagination

2013 ◽  
Author(s):  
Simon Halliday ◽  
Bronwen Morgan
Keyword(s):  
Legal Consciousness ◽  
The Law ◽  
Critical Imagination

scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

How Has the Legal Consciousness of Chinese Enterprise Managers Transformed since 1949? A Study of Chinese Enterprises under Socialism

2021 ◽  
pp. 1-30
Author(s):  
Alvin Hoi-Chun Hung
Keyword(s):  
Legal Framework ◽  
Political Campaigns ◽  
Legal Consciousness ◽  
Chinese Enterprises ◽  
The Past ◽  
Chinese Enterprise ◽  
Communist System ◽  
Chinese Characteristics ◽  
The Face ◽  
The Law

Abstract This paper analyses how the legal consciousness of Chinese enterprise managers has transformed in the face of drastic changes brought along by major events in socialist China. During the past 70 years, there have been in place a series of radical and pervasive changes in the legal framework constituted by a communist system frequented by mass political campaigns, trailed by a massive liberalized move towards a market economy. By building upon the thesis of legal-consciousness narratives suggested by Ewick and Silbey, this paper discusses how Chinese managers have evolved through various states of “With the Law,” “Against the Law,” and “Under the Law” legal consciousness. It is suggested that, in the coming era of globalization under socialist China, Chinese enterprise managers may start to embrace a new narrative of legal consciousness—“In the Law”—by participating more actively in the socialist system with Chinese characteristics.

Working around the Law: Navigating Legal Barriers to Employment during Reentry

2019 ◽  
Vol 44 (03) ◽  
pp. 726-751 ◽  
Author(s):  
Dallas Augustine
Keyword(s):  
Qualitative Interviews ◽  
Alternative Form ◽  
Legal Consciousness ◽  
Double Bind ◽  
Job Seekers ◽  
Criminal Records ◽  
Formerly Incarcerated ◽  
Barriers To Employment ◽  
The Law ◽  
Legal Barriers

Employment has been cited as one of the most effective protections against recidivism for formerly incarcerated people; however, job seekers with criminal records face barriers to employment after prison. They find themselves in a legal double bind where they are simultaneously compelled to obey the law (by finding “legit” work) but also legally barred from doing so. To navigate this conflictual legal positioning, job seekers with felony records develop strategies of working around the law to find employment. Through thirty qualitative interviews with people with felony records, I examine this alternative form of legal consciousness and detail the ways in which individuals navigate the legal barriers to acquiring “good” work. Ultimately, job seekers’ often extralegal strategies of law abidance blur the line between compliance with and defiance of the law.

scholarly journals Functions of legal consciousness

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 414-418
Author(s):  
Sergey Valentinovich Arkhipov ◽  
Svetlana Aleksandrovna Gorkina ◽  
Stanislav Ivanovich Kirillov ◽  
Alexandra Andreevna Orlova ◽  
Irina Yurievna Rozhkova
Keyword(s):  
Comprehensive Analysis ◽  
Legal Consciousness ◽  
Moral Content ◽  
The Subject ◽  
The Law ◽  
The Right

The article discusses the features and various aspects of the philosophical, legal, socio-political, and moral content of the functions of legal consciousness. Based on a comprehensive analysis of these phenomena, the author substantiates the opinion that, in general, the essential functions of legal consciousness accumulate, generalize and concentrate the content and goals of the implementation of the law, as well as the forms and methods of this activity. Therewith, a function is not just a potential, abstract possibility, but also the very activity of the subject of the implementation of the right, subject to specific goals that are objectively conditioned and aimed at achieving a certain result.

scholarly journals Christian interpretation of anthropological guidelines for lawmaking

2020 ◽  
Vol 38 (Especial) ◽  
pp. 511-522
Author(s):  
Mykola Nesprava ◽  
Mykhailo Rizak ◽  
Vladlen Volkov ◽  
Oksana Voluiko ◽  
Yevhenii Skrypa
Keyword(s):  
Social Relations ◽  
Research Methodology ◽  
Homo Sapiens ◽  
Synergistic Interaction ◽  
Legal Consciousness ◽  
Human Being ◽  
Christian Doctrine ◽  
The Law

The objective of the article is to reveal the main foundations of human creation enshrined in Christian doctrine, which serve as axiological guidelines for the elaboration of laws, providing a humanistic content of the law. The research methodology is based on dialectical, formal-dogmatic, sociological, comparative-legal and documentary methods. The results of the study demonstrate that theocentrism and anthropocentrism are not opposed to each other in Christianity, but rather are combined into an integrated theological and anthropological picture of a man. Considering this prism of legal consciousness as a reflection of the supreme law of God, the authors refute the secular-positivist view of "homo juridicus" as a soulless subject of law and emphasize the role of the Gospel commandments as a guide. for the elaboration of laws. It is concluded that the Christian vision of the synergistic interaction of the human being and the legislator through the unity of three incarnations: "homo spiritus" - "homo sapiens" - "homo juridicus" indicates the values, which are designed to ensure humanization of the law through the humanization of social relations in general.

scholarly journals Problems of forming a positive consciousness of people in the conditions of digitalization of society

2021 ◽  
Vol 273 ◽  
pp. 10029
Author(s):  
Nikolay Saraev ◽  
Gennady Pratsko ◽  
Irina Korolenko ◽  
Ekaterina Marchenko
Keyword(s):  
Rule Of Law ◽  
Legal Education ◽  
Education And Training ◽  
Educational Process ◽  
Educational Institutions ◽  
Legal Consciousness ◽  
Quality Level ◽  
The Rule Of Law ◽  
The Law ◽  
And Training

The insufficient level of legal awareness of Russian citizens is a serious problem of ensuring the rule of law and the rule of law, forms a general destructive background that prevents the formation of an effective system for the protection of human and civil rights and freedoms. Important factors that influence the formation of a positive legal consciousness are the quality level of education and training in educational institutions, the consolidation and development of the basics of legal consciousness in students, changes in the quality of education and training in educational institutions, including the consolidation and development of the tradition of respect for the law as the prevailing model of social behavior. It is at school age that active legal socialization takes place. The main burden in the formation of values for law-abiding behavior should be taken by school legal education. The purpose of the study was to study the regularities of the educational process for the formation of students ' positive legal awareness, the development of value orientations on the inadmissibility of illegal manifestations in the future. In the complex of methodological approaches developed in Russian pedagogy, the system-forming and adequate task of forming the legal culture of students is the methodology of the personality-oriented approach and the set of interrelated pedagogical principles of its implementation. These studies indicate the need to review the vector of measures carried out in accordance with the Fundamentals of State Policy aimed at minimizing nihilism. In the context of the introduction of digital technologies that provide access to legal information, minors relate the surrounding formations from the point of view of the law, focusing not on the process, but on the final result. However, the manifestations of the discrepancy between the legal reality and the fixed normative attitudes cause legal frustration, which often manifests itself in sthenic forms. The results of the study allowed us to come to a conclusion about the state of legal dissatisfaction of minors, due to the discrepancy between the theoretical provisions of the law and law enforcement at the active level of the value-semantic personal sphere. For the purpose of more in-depth scientific research, we believe it is appropriate to designate this social phenomenon as legal deprivation of minors. The specifics of the content of legal education allow us to implement it in the following forms: subject, inter-subject, educational, institutional, project. The most appropriate approach is an integrated approach that combines all of the above forms.

scholarly journals Values-related and Moral Foundations of legal Nihilism of Youth

2020 ◽  
Vol 10 (3) ◽  
pp. 158-173
Author(s):  
I.N. Protasova ◽  
O.A. Sychev ◽  
I.V. Anoshkin
Keyword(s):  
Law Enforcement ◽  
Young People ◽  
Legal Consciousness ◽  
Moral Foundations ◽  
Linear Modeling ◽  
Theoretical Approaches ◽  
Negative Effect ◽  
The Law ◽  
Community Ethics ◽  
Conservative Values

Researching the psychological causes of legal nihilism in young people is urgent nowadays due to the considerable negative effect which this problem has on the society. Previous studies of psychological causes of legal nihilism often didn't take into account contemporary theoretical approaches (such as Moral Foundations Theory by J. Haidt) and relied on tools with unknown psychometric characteristics. The current research checked the hypothesis of values-related and moral foundations of legal nihilism in young people. Values were diagnosed with PVQ-R2 Questionnaire (S.Schwartz et al.), moral sphere - with Moral Foundations Questionnaire MFQ-Ru (O.A.Sychev et al.). In order to diagnose legal nihilism, a questionnaire was made which includes two scales characterizing disbelief in the law either as a generalized attitude (ideological legal nihilism) or disbelief in the law enforcement system as a result of enforcement practices (pragmatic legal nihilism). By the use of the confirmatory factor analysis it was shown that the separation of these constructs within the structure of legal nihilism (despite their strong correlation) was justified. Based on a sample of 283 students we established that legal nihilism in its different aspects is supported by the values of openness to changes, including independence of thought and conduct, hedonism and seeking stimulation, whereas it is opposed by the conservative values, including safety, tradition and conformism. Using structured linear modeling it was shown that belief in the rule of law is supported by autonomy ethics whereas trust in the law enforcement system is supported by community ethics. The results refine the conclusions previously drawn about the relationship between legal nihilism and values and add to the idea about morals as the basis of legal consciousness.

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