2013Вісник Маріупольського державного університету. Сер.: ПравоRequires access

Правова культура як позитивна складова правового життя

Oleksii Nozdrin

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Abstract

The relevance illuminated in a research article provided understanding of the issues of concern the concepts of «legal culture» and «legal life», the relation between them, as well as the determination of their place in the categorical apparatus of jurisprudence. As an independent subject of study is the legal culture as a whole, not a right or culture is preferable to speak about the synthesis of these components and the emergence of a new specific definitions in the general culture. With its close ties with the state, law, policy, legal culture inherent in the specific properties that make it one of the most important factors of social life and distinguish it from other types of culture. When the study of legal culture, it is advisable to use anthropological and axiological approaches. At first, the legal system, culture appears progressive achievements accumulated by mankind in the field of justice, rule of law, sources of law, legal practice, contributing to the development of society and the individual. Legal humanistic culture, because it is created by man for his benefit. And therefore are not included in the content such legal realities of life, as an offense, legal nihilism, formalism, marginality, legal errors and other axiological approach allows for the culture not all human activity and its results, but only that which is good, some value for individuals and society. In this aspect of legal culture is a set of legal values created by mankind, reflecting the progressive development of the law society. Legal culture presupposes the existence of legal values, without which it is impossible. Irrational is the inclusion of the legal culture that will prevent conflict and its functions, tasks, goals and directions of development. A common feature of the structure of the legal culture of the society and legal culture of the individual is a sense of justice, which is the core, the core of the legal culture, and is based on the fundamental principles and values as the right to freedom, equality, justice, human rights. Legal deformation characteristic is legal life, not a legal culture The concept of value expresses the essential aspects of legal culture. Legal culture a qualitative state of the legal life of its positive component. Therefore, the legal culture can not be included offense and the other negative legal phenomena, states and processes that are the regressive factors that prevent the normal development of the individual and society. For this purpose the consolidation in the categorical apparatus of law category of «legal life», which makes it possible to incorporate itself as a legal culture, and what is beyond.

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What this paper is about

The relevance illuminated in a research article provided understanding of the issues of concern the concepts of «legal culture» and «legal life», the relation between them, as well as the determination of their place in the categorical apparatus of jurisprudence. As an independent subject of study is the legal culture as a whole, not a right or culture is preferable to speak about the synthesis of these components and the emergence of a new specific definitions in the general culture. With its close ties with the state, law, policy, legal culture inherent in the specific properties that make it one of the most important factors of social life and distinguish it from other types of culture. When the study of legal culture, it is advisable to use anthropological and axiological approaches. At first, the legal system, culture appears progressive achievements accumulated by mankind in the field of justice, rule of law, sources of law, legal practice, contributing to the development of society and the individual. Legal humanistic culture, because it is created by man for his benefit. And therefore are not included in the content such legal realities of life, as an offense, legal nihilism, formalism, marginality, legal errors and other axiological approach allows for the culture not all human activity and its results, but only that which is good, some value for individuals and society. In this aspect of legal culture is a set of legal values created by mankind, reflecting the progressive development of the law society. Legal culture presupposes the existence of legal values, without which it is impossible. Irrational is the inclusion of the legal culture that will prevent conflict and its functions, tasks, goals and directions of development. A common feature of the structure of the legal culture of the society and legal culture of the individual is a sense of justice, which is the core, the core of the legal culture, and is based on the fundamental principles and values as the right to freedom, equality, justice, human rights. Legal deformation characteristic is legal life, not a legal culture The concept of value expresses the essential aspects of legal culture. Legal culture a qualitative state of the legal life of its positive component. Therefore, the legal culture can not be included offense and the other negative legal phenomena, states and processes that are the regressive factors that prevent the normal development of the individual and society. For this purpose the consolidation in the categorical apparatus of law category of «legal life», which makes it possible to incorporate itself as a legal culture, and what is beyond.

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Available abstract

The relevance illuminated in a research article provided understanding of the issues of concern the concepts of «legal culture» and «legal life», the relation between them, as well as the determination of their place in the categorical apparatus of jurisprudence. As an independent subject of study is the legal culture as a whole, not a right or culture is preferable to speak about the synthesis of these components and the emergence of a new specific definitions in the general culture. With its close ties with the state, law, policy, legal culture inherent in the specific properties that make it one of the most important factors of social life and distinguish it from other types of culture. When the study of legal culture, it is advisable to use anthropological and axiological approaches. At first, the legal system, culture appears progressive achievements accumulated by mankind in the field of justice, rule of law, sources of law, legal practice, contributing to the development of society and the individual. Legal humanistic culture, because it is created by man for his benefit. And therefore are not included in the content such legal realities of life, as an offense, legal nihilism, formalism, marginality, legal errors and other axiological approach allows for the culture not all human activity and its results, but only that which is good, some value for individuals and society. In this aspect of legal culture is a set of legal values created by mankind, reflecting the progressive development of the law society. Legal culture presupposes the existence of legal values, without which it is impossible. Irrational is the inclusion of the legal culture that will prevent conflict and its functions, tasks, goals and directions of development. A common feature of the structure of the legal culture of the society and legal culture of the individual is a sense of justice, which is the core, the core of the legal culture, and is based on the fundamental principles and values as the right to freedom, equality, justice, human rights. Legal deformation characteristic is legal life, not a legal culture The concept of value expresses the essential aspects of legal culture. Legal culture a qualitative state of the legal life of its positive component. Therefore, the legal culture can not be included offense and the other negative legal phenomena, states and processes that are the regressive factors that prevent the normal development of the individual and society. For this purpose the consolidation in the categorical apparatus of law category of «legal life», which makes it possible to incorporate itself as a legal culture, and what is beyond.

Key concepts: Legal culture, Legal formalism, Legal realism, Legal profession, Empirical legal studies, Jurisprudence, Legal research, Law

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Правова культура як позитивна складова правового життя — Research Paper | ScholarLens