Legal consciousness: philosophical analysis

 
PIIS013207690007467-5-1
DOI10.31857/S013207690007467-5
Publication type Article
Status Published
Authors
Affiliation:
Law faculty of Lomonosov Moscow state University
Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 11
Pages18-31
Abstract

The purpose of the article is to show the main facets of legal consciousness, the possibility of their coverage from the position of different philosophical schools. The article deals with the concept of consciousness, the nature of legal consciousness, its types, levels and structure. Analyzes various aspects of legal consciousness: the consciousness as a reflection of the political and legal reality and as a way of life, the correlation of legal consciousness with state and law, the objectivity and subjectivity of legal consciousness, public and normative nature of legal consciousness, the relative autonomy and active consciousness.

The nature of legal consciousness is investigated from the position of methodological pluralism, the positions of materialism, idealism, positivism, Kantianism are compared. The author shows the limitations of Lenin's theory of reflection, in the context of which the phenomenon of legal consciousness was considered for many years in the Soviet literature.

The article concludes that legal consciousness is a complex phenomenon, the results of its research largely depend on the ideological position, ideological attitudes and philosophical and methodological foundations. 

Keywordslegal consciousness, Philosophy of Law, General theory of law, legal ideology, legal psychology, values
Received08.11.2019
Publication date16.12.2019
Number of characters63144
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