Legal awareness and its culture, legal obedience - Fundamentals of philosophy

Legal awareness and its culture, legal obedience

Legal awareness is concepts and concepts , expressing people's attitudes toward acting law , knowledge of the measure in the behavior of people in terms of rights and obligations , legality and illegality; these are legal theories , legal ideology. A sense of justice is an ideological expression of objective social relations, primarily economic and social. Law influences the formation of the sense of justice, and the latter is realized in law and justice. The basis of sense of justice consists of self-esteem, conscience and internal discipline of will, mutual respect and trust of citizens to each other, to power, and power to citizens.

The history knows the sharp conflicts of the sense of justice of the best, progressive people of society with the acting norms of law. Conflict can arise and as a result of arbitrariness, when a person puts his I above the norms of law and morality of society, sometimes guided by the ideas of progress. Society punishes a person for arbitrariness.

The sense of justice takes an intermediate position between the political and moral consciousness. Unlike political consciousness, it refers to the state not as an object of struggle for political power, but as an external regulatory force that requires unconditional subordination, but at the same time receives a certain evaluation. In contrast to moral norms that come not from the state, but from the person himself and have for him an absolute value character, but do not have the force of law, in the sense of justice the notions of due and fair are conceived as what should become a state law, for violation of which must be followed by materially effective sanctions. At the same time, the law needs the support of morality - without constant interaction with morality, sense of justice has a shaky foundation. It is not without reason that good morals are better and more reliable than even excellent laws.

"Manners and customs are orders not established by laws ... Between laws and customs there is a difference that laws determine primarily the actions of a citizen, and morals are actions of a person. Between manners and customs there is a difference that the former regulate the internal, and the second - the external behavior of a person " .

In everyday life, we forget about the restriction of rules and norms of behavior, but they still remain unshakable for us. At the stage of legal consciousness, they are highlighted and act as conscious regulators.

The sense of justice is largely oriented towards rational and moral assessments. Between morality and law there is a close relationship - the right in itself has a moral meaning. Both moral and legal consciousness are the different facets of the one-whole spiritual life of man and society. Being connected, morality and law are at the same time essentially different forms of personal and public consciousness. The difference between them consists, in particular, in the unlimitedness of purely moral states and norms and the limitations of legal requirements. You can define the right as "minimum of morality", which is legally fixed in the relevant laws. The law requires its citizens mainly objective implementation of this "minimum of good" or the actual elimination of the "known share of evil", and in this realization the law inevitably allows coercion. The origins of the moral principle are in the conscience of man, in his good will. In other words, the right is a compulsory demand for the realization of a certain minimum of good or order, which does not allow known manifestations of evil. This ensures the achievement of two goals - personal freedom and the common good.

Understanding the law involves understanding what is legal or illegal, and the realization that it is compulsory. According to FM Dostoevsky, to suppress the debt and not to recognize duties, while demanding all the rights to oneself, there is only swinishness. Law is a necessary condition for the existence of free people in society. If you want to be free, you must limit your freedom in order to grant freedom to others.

So, the ordinary-practical level of legal awareness tends to evaluate existing laws from the point of view of their compliance with moral requirements, and theoretical legal thinking considers acting law from the position of its social and political sense, its correspondence to rational requirements objectively conditioned by the real process of social and political life. This can be seen as a contradiction, and it is possible and as a complementary. These two approaches are based on practice - in life, both are realized.

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