Culture, law, legal culture

Successful solution of economic, political and social problems is impossible without raising the legal culture of society, cultivating in each citizen a deep respect for the law, formation of readiness to directly and actively participate in the implementation of its provisions in everyday life.

In this regard, legal culture can be considered as one of the most important prerequisites and a necessary condition for the formation of a rule of law state, the implementation of legal reform, and the strengthening of the fight against crime.

The main directions and trends in the development of the legal culture of society are determined primarily by the deep patterns of interaction between the economic system, culture and law, the result of which is legal culture. The need for a legal culture is determined primarily by the objective reasons for the existence of law in society. The legal system closely interacts with the culture of society, which is usually understood as a set of material and spiritual values ​​created by people, recognized in a certain community and transmitted to other communities and individuals, as well as generations. Comprehension of the essence of legal phenomena depends on the level of culture of society. understanding of regularities and tendencies of their further development. The level of the general culture of society, the adequacy of reflecting the needs of social development in it is a necessary condition for the right setting of a goal in law, success in legal regulation aimed at achieving it.

On the other hand, law itself, legal culture act as a necessary component of the culture of society. Many legal ideas and principles are the result of the centuries-old development of society, the historical experience of mankind. Among them are such as the rule of law, the rule of law, the presumption of innocence, responsibility for guilt, the inseparable unity of rights and obligations, the interpretation of doubts in favor of the accused, and many others.

There are various definitions and interpretations of legal culture in the legal literature. This is due to a variety of cognitive and practical tasks, scientific analysis

LMZO ONE II of the same phenomenon from different angles of view. In addition, legal culture is considered in relation to both society as a whole and its individual social groups, as well as the individual. The variety of definitions of legal culture is also explained by the fact that researchers initially put different meanings into the initial concepts, primarily such as “law” and “culture”.

At the same time, it is impossible not to pay attention to the wide range of approaches in understanding legal culture, which does not allow us to identify the single essence of this phenomenon. As a result, some approaches to the study of legal culture turn out to be contradictory, and sometimes simply incompatible. In this regard, questions arise that are not answered in the legal literature. This weight is also reflected in educational legal literature, seriously complicating the development of this most complex topic by students.

These difficulties can be overcome by a broader definition of legal culture, which would find its manifestation in its various levels, forms, including the legal culture of society, individual social groups, as well as individuals.

The essence of legal culture is a certain measure of the development of legal values ​​accumulated by society, as well as their use by various subjects in the legal sphere.

The concept, essence and content of legal culture

Such an understanding of legal culture allows, on the one hand, to organically combine the positive aspects that are available in the approaches of other legal scholars to the study of this phenomenon, and on the other hand, to reflect the general nature of various manifestations of culture. At the same time, it would be wrong to understand the term "measure" only as a certain indicator. "Measure" as a philosophical category expresses the deep dialectical unity of the qualitative and quantitative characteristics of a particular phenomenon. Within the framework of this measure, the quantitative characteristics of an object can change due to the degree of development, without changing its quality. A measure is a kind of sphere, zone, area within which a given quality can be modified, while maintaining the essential characteristics. Within the framework of the measure, the object retains its quality, while going beyond its limits entails the onset of a new state, including one that is fundamentally different from the previous one and even opposite to it. Understanding legal culture as a measure of the development and use of legal values ​​has another advantage - it not only does not deprive it of other characteristics that are given by other legal scholars, but, on the contrary, organically includes them.

Legal culture can be defined as conditioned by economic culture. the political, social and spiritual level of development of society is a kind of common culture, which is a measure of the development and use of legal values ​​accumulated by mankind, transmitted in the order of succession from generation to generation.

The proposed understanding of legal culture allows us to approach this phenomenon from the broadest positions. In this regard, legal culture acts as a kind of general culture. Legal culture functions in organic interaction with its other areas and spheres: economic, political, moral (ethical), religious, aesthetic, etc., experiencing their collective influence, which is often decisive. With the aspect we have chosen, the category of legal culture can be used to characterize the entire legal system, the entire legal superstructure. This clearly demonstrates that legal culture is not only a multifaceted, multifunctional phenomenon of social life, but also a multilevel education. It includes in itself the legal culture of society, classes and other social groups, as well as an individual.Each of them can be the subject of special scientific analysis.Special attention, in our opinion, is planted by the study of such a variety of individual and group legal culture, which is the professional culture of lawyers.

Legal culture presupposes the existence of legal values, without which it is impossible. To them. First of all, law itself belongs as the most important means of regulating social relations. It is impossible, for example, to speak of a rule of law state if it underestimates the role and importance of law, does not ensure the independence of the judiciary, inefficient work of law enforcement agencies, infringes or at least insufficiently guarantees human rights. At the same time, legal values ​​are also a system of legal knowledge, views, legal attitudes and value orientations.

The experience of previous generations is concentrated in legal values, which allows humanity to choose the best ways for its further legal development. At the level of a specific person, regardless of whether we are talking about an ordinary citizen or a professional lawyer, the development of legal values ​​allows you to make the right decisions, act, commensurate your rights and obligations with the legitimate interests of society, the state, as well as other citizens.

Understanding the essence of legal culture as a measure of development and use of legal values ​​organically connects it with sp-
a certain level of development of legal consciousness and behavior. Legal culture is a generalizing interfering characteristic of the structural unity of the concepts of legal consciousness and behavior in the field of law. This is one of the fundamental points that makes it possible to qualitatively distinguish legal culture as a relatively independent phenomenon from other legal phenomena that are similar and quite close to it, while at the same time suggesting the presence of an orianic connection between them.

Legal culture in the proposed understanding of its essence is also considered as a way of the activity of society, the individual in the legal sphere. This is a way of activity of citizens or employees, law enforcement officers, etc., when it corresponds to the values ​​developed in the legal sphere. It is assumed that their behavior is consistent with legal norms, including the observance, execution, use and application of the prescriptions of legal norms. As a result, there is a constant enrichment of the system of legal values ​​and further legal development of both the citizens themselves and society as a whole. With regard to citizens, and especially officials, lawyers, it can be argued that the way they participate in law-making, law enforcement and law enforcement activities in many respects characterizes the extent to which they master and use the values ​​of legal culture.

Understanding legal culture requires the allocation of such a meaningful feature as continuity. Continuity expresses the moment of connection between the old and the new in the process of development. Continuity is realized in the act of assimilating and mastering the accumulated experience, which in a concentrated form is contained in legal values. Therefore, the development of legal values, the achievements of world culture is a necessary condition for the formation of a legal culture both among society as a whole and among individual citizens. Of course, the extreme, which manifests itself in thoughtless admiration for foreign state and legal institutions, is unacceptable, associated with unreasonable belittling of the role and significance of the achievements of Russian science and practice.

Being the embodiment of mankind's achievements in the field of law, legal culture involves the transfer of legal values ​​to other generations, communities and individuals. Hence the exceptional importance that belongs to legal education in the formation and development of legal culture.

Ways and principles of education of legal culture

Ways of education of legal culture, or, in other words, legal education, are diverse. For those who may violate the rule of law due to a conscientious error, it is sufficient to familiarize themselves with them in advance. From this point of view
the role of legal propaganda is especially significant, which is a purposeful activity to disseminate legal knowledge, explain the content of legal norms and the practice of their application. Forms of legal propaganda are aimed at ensuring that the masses perceive legal knowledge and turn it into a personal conviction.

Of particular difficulty is the legal education of persons prone to committing antisocial acts. In these cases, the introduction of new beliefs and views into the mind of a person should be combined with his rejection of already established positions and attitudes, which together form the so-called negative legal culture. It is possible that these persons may try to use their knowledge of the laws to the detriment of society, thereby perverting the state will embodied in them. Therefore, the emphasis in their education, and in essence - re-education, should be done on their awareness of the moral principles of society, on understanding the role and significance of the sanctions of legal norms as a morally justified means of combating offenses. It is especially clear here that legal education is inseparable from a complex of other educational measures. This is understandable, since, as you know, a person is not brought up in parts (first in the field of morality, then in law, etc.), he is formed due to the combined influence of various factors.

The following principles of legal education are now generally recognized:

Consideration should be given to the peculiarities of the perception of legal norms by various groups of the population;

It is necessary to achieve awareness of the social significance and moral value of legal norms, as well as the assimilation of the most important rights and obligations established by law. The effectiveness of legal education largely depends on how much it is based on the requirements of moral standards;

It is necessary to develop in every possible way the legal activity of citizens, to educate them intransigence to any violations of law and order.

Ultimately, the goal of legal education is to develop the skills of lawful behavior, a sense of civic duty and civic initiative. A citizen with a high legal culture is an active fighter for the implementation of laws. Therefore, the development of a high legal culture among all members of society is one of the most important means of strengthening law and order.

The role of legal education in shaping

legal culture

Legal education is most inextricably linked with the problem under consideration. The issues of setting up legal education have always attracted increased attention. To a large extent, this is due to the social purpose and the role that lawyers play in society and the state as a socio-professional group. The years associated with the reforms in Russia are also an exception in this sense. Moreover, many of the problems of legal education have arisen in a new, non-traditional way and require different approaches to their resolution than before. In Soviet times, special attention was paid not only to the quality of legal education, but also to its ability to satisfy the ever-increasing need for legal personnel. In the last decade, the situation has changed dramatically. The sharply increased scale of personnel training, associated with the development of not only the state, but also the non-state spheres of legal education, threatens the emergence of unemployment among lawyers. At the same time, the quality of legal education has deteriorated sharply, associated with a decrease in the level of education in legal schools. It is quite clear that all this requires the closest attention of the legal community, legal scholars and teachers to the problems that have accumulated in the field of legal education in order to successfully resolve them.

Legal culture, legal education and legal education are largely determined by the development of legal science, the state of scientific legal institutions, the level of research they conduct, including those. the subject of which is the legal culture of society, individual social groups, individuals. Today, there is a need for a significant intensification of sociological research, including those specifically devoted to the problems of legal consciousness, legal culture, the formulation of legal education and legal education.

Jurisprudence. Crib Afonina Alla Vladimirovna

21. Legal culture and legal education

legal culture- this is the level of development of legal consciousness in society, the observance of legal norms by each member of society, the guarantee of human rights and freedoms in society.

Forms of legal culture:

Legal culture of society;

Legal culture of the individual;

Legal culture of the group.

The parameters of legal culture demonstrate:

1) how high is the level of legal consciousness of society, that is, how much the principle of humanism is observed in society, informing the public about the process of lawmaking; observance of the rights and freedoms of the individual, awareness by the citizens of the scope of their rights and freedoms, their knowledge of the fundamentals of law and the constitution, the lawful behavior of the individual, a positive attitude towards representatives of the authorities and the court are ensured;

2) how effective is the activity of legislative bodies in the adoption and application of relevant legal acts. It depends on the level of development of legal science, law enforcement practice, professionalism, competence and development of state bodies;

3) the degree of development of the legal system in the state as a whole. It will function if the state has a well-coordinated hierarchy of normative acts, at the head of which is the constitution, and the laws in force in the state correspond to it.

Legal culture is associated with legal activity and is of great importance for building the rule of law. Legal culture becomes the foundation of the legal activity of citizens. It represents a high level of legal thinking and a high quality of all legal activity.

One of the important tasks of the state is the process of formation in society and among individual citizens of a positive attitude towards law, the formation of a legal culture and legal consciousness. This activity is called legal education. This function belongs to state bodies, institutions, enterprises, educational institutions, and other structures of the state apparatus.

Directions of legal education:

1) the formation of legal consciousness and legal culture in the main unit of society - the family;

2) teaching the fundamentals of legal science to the younger generation in educational institutions;

3) self-education;

4) providing information about law-making activities in the state (through the media, literature, press, computer programs, etc.).

Ways of legal education- persuasion, warning, encouragement, coercion and punishment.

As a result of legal education, a citizen develops legal needs, interests, attitudes, value orientations that determine the choice of appropriate actions and deeds.