Legal culture legal education and education. Legal culture and legal education. Active participation in the creation of civil society

culture- the history of a certain level of development of the general, creative forces and abilities of a person, expressed in the types and forms of organizing the life and activities of people, in their relationships, as well as in the material and spiritual values \u200b\u200bcreated by them. The influence of culture on law, their relationship is reflected in the concept of "legal culture". Legal culture encompasses legal consciousness in its content, but only in positive (developed) forms of its expression. Unlike the analysis of other extremely broad legal categories, when analyzing the legal culture of society, the main focus is shifted to the study level development of legal phenomena generally, on the description and explanation of legal values, ideals and achievements in the legal field, reflecting the scope of human rights and freedoms and the degree of its protection in a given society. The concept of "legal culture" always implies rating " quality», level the legal life of this or that society and comparing it with the most developed legal models, ideals and values. Legal culture in this sense is quality the state of the legal life of society, which is expressed in the achieved level of development of legal activity, legal acts, legal awareness and, in general, in the level of legal development of society. legal culture- a part of the spiritual culture, which characterizes the degree of perfection of the legislation, its knowledge and understanding by citizens and officials, the correct implementation of legal requirements and compliance with the rule of law in society. legal culture- this is a qualitative state of the life of society, expressed in the achieved level of development of legal activity, legal acts, legal awareness and the actual legal development of the subject, and in the degree of guarantee by the state of human rights and freedoms. She relies on legal and, in a sense, is determined by it and expressed in legally significant behavior. A person with a legal culture is one who, in his activity, follows internally conscious legal prescriptions. Structure of legal culture.1. The legal culture of society depends primarily on level of development of legal consciousness of the population, i.e. on how deeply they have mastered such legal phenomena as the value of human rights and freedoms, the value of a legal procedure in resolving disputes, finding compromises, etc., how legally informed the population, its social, age , professional and other groups, what is the emotional attitude of the population towards the law, the court, various law enforcement agencies, legal means and procedures, what is the attitude of citizens towards compliance (non-compliance) with legal requirements, etc. This is the first element of legal culture. 2. element of the structure of legal culture is level of development of legal activity . It consists of 1) theoretical - the activities of legal scholars, 2) educational - the activities of students and students of law schools, universities, etc., and 3) practical - law-making and law-enforcement, including law enforcement, activities. The legal culture of society is largely determined by real legal behavior of citizens, their activities in the exercise of the right, the extent to which they know and timely fulfill their obligations (for example, to complete the tax return on the total annual income), comply with the prohibitions and how fully they use their rights. 3. element of legal culture society is level of development of the entire system of legal acts , i.e., the texts of documents in which the norms of law of a given society are expressed and fixed. The most important for assessing the legal culture of society is the system of legislation, the basis of which is the constitution of the state. In general, the level of development of the entire system of regulatory legal acts is also important, starting from laws, acts of central executive authorities and ending with acts of local authorities and administration. When determining the quality of the legal culture of a society, one should take into account and status of individual legal acts- documents: law enforcement (decisions and sentences of courts, decisions of investigators, acts of prosecutors, documents in the administrative and managerial sphere, etc.) and law enforcement (contracts in economic circulation, etc.). Legal culture also has a professional and traditional domestic layers. The allocation of structural elements of legal culture is rather conditional. IN composition of legal culture (another option for highlighting structural elements) includes the following largest cultural complexes: law as a system of norms expressing state decrees; legal relationship, i.e. system of public relations regulated by law; legal institutions as a system of state bodies and public organizations that ensure legal control, regulation and enforcement of law; legal awareness, i.e. a system of spiritual reflection of all legal reality; legal behavior (activity), both lawful and illegal. Functions of legal culture Legal culture performs several functions: cognitive, regulatory, normative-value, communicative and prognostic. 1). cognitive function legal culture lies in the development of the legal heritage of past eras and the achievements of domestic and foreign law. 2). Function of legal socialization consists in the ability of legal culture to ensure the transfer of accumulated experience, certain legal knowledge, values, principles, norms of legal life from one generation to another - "vertically" and between subjects - "horizontally". 3). Regulatory function legal culture is aimed at ensuring the effective functioning of all elements of the legal system and the creation of a sustainable legal order. This is achieved through the formation and consolidation in the minds of people of ideals, values, principles, traditions and patterns of socially useful, legally significant behavior inherent in legal culture. 4). Normative-value (evaluative) function legal culture consists in "changing" individual behavior, legality, the rule of law and the current legislation by comparing with patterns of behavior, the guidelines of which are the norms of positive law and the normative installations of natural law. As a result of cultural and legal assessment, some elements of legal reality are approved, while others are subjected to critical reflection. 5). Communicative function legal culture contributes to the coordination of public, group and personal interests, ensures the social cohesion of people. The communicative function is realized in legal communication, in the process of getting an education, mediated by the media, literature and other arts. 6). predictive function legal culture covers the opportunity to trace the trends in the development of lawmaking and the implementation of law, the problems of strengthening the rule of law, the rule of law, the legal activity of the population and other changes in the legal system. Types of legal culture. There are various types of legal culture that can be classifybased on the following criteria:1. According to the degree of knowledge of legal phenomena or their use in legal activities allocate three levels: Ordinary level legal culture is characterized by a lack of systematic legal knowledge and legal experience. Everyday right culture has a superficial and shallow character. Professional level legal culture develops among practicing lawyers: judges, lawyers, law enforcement officers. Doctrinal level legal culture is based on knowledge of the entire mechanism of legal regulation, and not its individual areas. The legal culture of the theoretical level is developed by the collective efforts of scientists, philosophers, sociologists, political scientists, lawyers and is an ideological and theoretical source of law. . 2. By types of culture (civilization) legal culture can be distinguished : traditional European. This classification includes the legal culture of Russian society, which is distinguished by a specific legal mentality of the population and government officials; preference for non-legal means of achieving actual results. We can say that this is a kind of marginal, or intermediate, type of legal culture. 3. Depending on the bearer of legal culture allocate legal culture: individuals, groups and societies. . Differs in originality legal culture of the individual. It reflects the degree and nature of the legal development of the individual, the culture of her legal behavior, the way of life in the legal sphere. Legal culture is such a property of a person that is characterized by a respectful attitude to law, a sufficient amount of legal awareness of the content of legal norms that ensure the lawful nature of his actions in all life situations and freedoms, and through them to the entire legal life of society. Respectively the legal culture of the individual includes: legal awareness of the individual; her attitudes and beliefs in the realm of law; the level and nature of legal activity and legal behavior. . Allocate also group legal culture. This is the legal culture of various social communities. It is important to highlight professional legal culture. This is one of the forms (varieties) of legal culture. Its bearer is a group of people professionally involved in legal practice, i.e. carrying out legal activities on a professional basis. Professional legal culture is distinguished by: a high degree of knowledge of law, a deep understanding and evaluation of legal phenomena, respect for law, the legal profession, conviction in the usefulness (value) of legal tools, the ability to effectively use legal means to achieve the goals and objectives of professional activity. Each legal profession also determines the features of legal culture, for example, judges, prosecutors, police officers, lawyers and legal advisers, etc. At the same time, the level of legal culture is different among representatives of the same profession. Legal culture general depends on the level of legal development of various social (classes, for example) and professional groups, as well as on the level of development of individual individuals. This is the legal culture of the population as a whole. Legal culture of society expressed in guarantees of objective rights and freedoms, legal activity of citizens, respect for justice, their readiness to observe and enforce laws, in the level of perfection of legislation, the level of legal awareness of officials, their conviction to follow the prescriptions of the rule of law, in the effectiveness of the work of law enforcement agencies, and finally in the level of legality and law and order in general. Legal culture of society includes such “indicators” as the achieved level of legal consciousness, full-fledged legislation, a developed legal system, effective independent justice, a wide range of rights and freedoms of a citizen and their guarantees, the state of law and order, strong legal traditions, legal literacy of the majority of the population, accurate work of law enforcement bodies, respect for laws and much more that determines the legal life and legal development of the state. Distinguish internal and external legal culture, theoretical and practical legal culture. Legal education contributes to the legal socialization of the individual. IN education of legal consciousness begins with the assimilation of moral values, norms in the family, school, in spiritual communication, including games with peers, comrades and friends. Here the moral foundation is laid, on which the elements of legal consciousness are formed. legal education is a purposeful activity of state bodies and institutions, labor collectives and the public based on the principles of legal pedagogy to form and develop a high level of legal awareness and legal culture among individuals and social groups. legal education- this is a purposeful activity for the transfer of legal culture, legal experience, legal ideals and mechanisms for resolving conflicts in society from one generation to another. Legal education is designed to form a person who voluntarily and consciously builds his life in accordance with the law. Legal education is designed to provide behavior consistent with the needs, interests and values of a humane society, which should be embodied in our legal system. Legal education is carried out through a certain system of forms, with the help of certain means and methods. forms of legal education include: legal education (transfer and assimilation of professional knowledge in higher educational institutions, secondary specialized schools, schools, technical schools, colleges; teaching the basics of law at various courses, training camps, etc.), legal propaganda (lectures, conversations, consultations; publication popular books, brochures; holding "round tables"; speeches in the press, on radio and television; answers to questions from listeners and readers, etc.), self-education (own comprehension and understanding of legal phenomena, the surrounding legal reality, independent study of legislation, scientific literature , communication with others), organized and controlled social and legal practice of the population, everyday experience (participation in trials as a plaintiff, defendant, victim, people's assessor, juror; conclusion of various kinds of civil law transactions, use of a lawyer, law enforcement activities) . At the heart of the application of all these forms lies the implementation of legal awareness, which involves the transfer, perception, transformation and use of information about the law and the practice of its implementation. a particularly important role in legal education and training has judicial practice and the activities of the judicial system as a whole, which should be real justice. Therefore, the education of respect for the court and understanding of the need to resolve all conflicts in court is a necessary component of the content of a consistently positive attitude towards the practice of law enforcement. Finally, attention should be paid to such a form as self-education, which seems to be the most effective for the formation of the legal consciousness of all subjects of law. Along with special training, self-education for professional lawyers is a way to prevent the deformation of consciousness and personality and maintain professionalism at the proper level. The general goals of legal education are: the achievement of a solid knowledge of people about legislation, legality, the rights and obligations of the individual, primarily those norms that directly relate to a person; increasing the authority of the law as an immutable social value, respect for it, a resolute struggle against legal nihilism; creation among citizens of a stable orientation towards lawful behavior, the formation of attitudes and habits of law-abiding.

legal culture- 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.

These options show:

1) how high is the level of legal consciousness of society, i.e. how:

and the principle of humanism is respected in society; b the public is informed about the lawmaking process;

c) observance of the rights and freedoms of the individual is ensured;

d) the citizens themselves are aware of the scope of their rights and freedoms;

e) citizens know fundamental rights and the Constitution; i) the behavior of the individual is lawful;

j) positive attitude towards the authorities and the court;

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.

The legal system will function if there is a well-coordinated hierarchy of normative acts in the state, 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. The formed legal culture promotes lawful and socially active behavior.

legal culture- a special social, holistic phenomenon, taken in the unity of its constituent elements: objective and subjective law, legal relations, law and order, legal activity, legal awareness, respect for law, an active life position in the field of law.

Legal education - the process of formation in society and among individual citizens of a positive attitude towards law, the formation of a legal culture and legal awareness, the performance of this function belongs to state bodies, institutions, enterprises, educational institutions and other structures of the state apparatus.

The main 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:

1) persuasion;

2) warning;

3) encouragement;

4) coercion;

5) 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.

Under legal culture is understood as conditioned by the entire social, spiritual, political and economic system quality state legal life of society, expressed in the achieved level of development legal activities, legal acts, legal awareness and in general in the level of legal development of the subject (individual, various groups, the entire population), as well as the degree of guarantee by the state and civil society of freedoms and human rights.

It follows from the definition that legal culture is a certain “quality” of the legal life of society, the level of its development, which consists of subsystems, parts or elements that are in one state or another (also in terms of the level of development).

Prof. Semitko names among the elements of legal culture: 1) the level of development of the legal consciousness of the population (as far as legal values are assimilated by them), 2) the development of legal activity (since the level of legal consciousness can be fixed only in legal behavior, 3) the degree of perfection of the system of legal acts , in which the right of this society is fixed (legislation, individual law enforcement acts) The selection of elements is conditional, because they are closely related.

There are three components in the structure of legal culture: knowledge about law, attitude to law, skills of legal behavior

Legal culture manifests itself at three levels: everyday, professional (special) and theoretical.

Ordinary level It is limited to the everyday life of people in their contact with legal phenomena and, without rising to the level of theoretical generalizations, is actively used in everyday life in the implementation of subjective rights, the fulfillment of assigned duties.

Professional level develops among persons who are specially engaged in legal activities. They are characterized by a higher degree of knowledge and understanding of legal problems, tasks, goals, as well as professional behavior.

legal culture theoretical level represents scientific knowledge about the essence, nature and interaction of legal phenomena in general, the entire mechanism of legal regulation, and not some individual areas. It is developed by the collective efforts of philosophers, sociologists, lawyers, and the social experience of practical workers.

legal education- this is a purposeful activity for the transfer of legal culture, legal experience, legal ideals and mechanisms for resolving conflicts in society from one generation to another. Legal education aims to develop the legal consciousness of a person and the legal culture of society as a whole.

Legal education p involves the creation of special tools to convey legal values to the mind and feelings of each person, turning them into personal convictions and an internal guideline of behavior.

Forms, means and methods of legal education are organizational and methodological mechanism, with through which the subjects of legal education influence the public and individual consciousness, helping the latter to perceive the legal principles and norms.

First of all, these are forms, i.e. specific ways of organizing the educational process. In modern conditions, a wide variety of forms of legal work with the population are used: legal general education; propaganda of law by means of mass communication; legal education work in connection with certain constitutional events (referendums, elections, etc.). The system of legal education activities includes the work of special legal seminars, schools, courses, which are organized by state and public bodies both on a commercial and budgetary basis. The forms of legal education work through the media include conversations on legal topics, "round tables" of legal experts, discussions on topical issues of political and legal relations, thematic programs "Man and Law", comments on new legislation by specialists, etc.

The second important element of the mechanism of legal education is a variety of methods of legal education - techniques, ways of explaining political and legal ideas and principles in order to influence the consciousness and behavior of the individual in the interests of law and order. The methods of legal education include specific and very diverse methods of pedagogical, emotional, logical and epistemological influence on the educated. Training in these techniques is usually carried out by specially trained methodologists-referents for legal propaganda and education within the framework of the All-Russian Organization of the Knowledge Society.

An important method of legal education is legal education- the central link in the activities of the legal section of the society "Knowledge". Legal education, i.e. the process of spreading legal knowledge serves the growth of the general legal culture and education of the population. The main goal of legal education as a method of legal propaganda is to cultivate respect for law and legality as a value orientation of the general population of Russia.

Legal culture is formed as a result of legal education.

Legal culture is the level of development of legal consciousness in society, compliance with legal norms by each member of society, guarantee of human rights and freedoms in society.

These options show:

1) how high is the level of legal consciousness of society, i.e. how:

the principle of humanism is respected in society;

the public is informed about the lawmaking process;

observance of the rights and freedoms of the individual is ensured;

citizens themselves are aware of the scope of their rights and freedoms;

citizens know basic rights and the Constitution;

lawful behavior of the individual;

positive attitude towards the authorities and the court;

3) the degree of development of the legal system in the state as a whole.

The legal system will function if there is a well-coordinated hierarchy of normative acts in the state, 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 is a special social, holistic phenomenon, taken in the unity of its constituent elements: objective and subjective law, legal relations, law and order, legal activity, legal awareness, respect for law, an active life position in the field of law.

Legal education is the process of forming a positive attitude towards law in society and among individual citizens, the formation of a legal culture and legal awareness, the performance of this function belongs to state bodies, institutions, enterprises, educational institutions and other structures of the state apparatus.

The main directions of legal education:

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

teaching the basics of legal science to the younger generation in educational institutions;

self-education;

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

Ways of legal education:

belief;

warning;

encouragement;

compulsion;

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.

117. Legal awareness: concept, content and functions.

Legal awareness is the basis and an organic component of the legal life of a society organized into a state. It has arisen and is being formed throughout human history. Its content, as one of the forms of public consciousness, is influenced by a number of factors: socio-political, economic, cultural and, of course, legal. It is not only interconnected, but also closely interacts with political consciousness, morality, art, religion, philosophy, and science.

Legal consciousness is a set of ideas, ideas, feelings, experiences that express people's attitude to the legal phenomena of public life (laws, legality, lawful and unlawful behavior, rights, duties, justice).

Legal consciousness is one of the specific forms of social consciousness. It consists of three elements:

Legal ideology, i.e. systematized scientific expression of legal ideas, views, principles, requirements of society and the population;

Legal psychology - a set of legal feelings, value relations, moods, desires, experiences, characteristic of the whole society and population;

Behavioral elements (habits, attitudes, willingness to act...).

Functions of legal consciousness:

1. Cognitive, it corresponds to a certain amount of legal knowledge.

2. Estimated, its essence in a certain attitude of the individual to various aspects and phenomena of legal life on the basis of experience and legal practice. These are attitudes to law and legislation, to the legal behavior of others, to law enforcement agencies, to one's own legal behavior.

3. Regulatory. This function is carried out through legal attitudes and value-legal orientations.

Legal awareness is an element of legal culture.

The main features of legal consciousness:

It is one of the forms of social consciousness;

Consists of ideas, theories, feelings, emotions, moods and other components;

The carriers of the components of legal consciousness are various subjects of law;

Addressed not only to the present, but also to the past and the future;

In certain periods of development of society is a form of law;

Orients subjects of law in social and legal situations, allows them to make an appropriate (not always legitimate) choice and make legally significant decisions, i.e. acts as a kind of "internal mechanism" for regulating people's activities.

Deformation of legal consciousness is its distortion, "destruction" of positive ideas, beliefs, feelings, attitudes, etc.

Defects in legal consciousness - not only the opposition of the spirit and letter of the law, expediency and legality, but also deeper deformations: the denial of the legal system and even the need for it; disobedience to a specific law; disrespect for law enforcement; the assertion that the end justifies the means, etc.

Nihilistic attitude, i.e. absolute negation is formed in the legal psychology of certain social groups, individuals, when, for example, all law enforcement officers are "cops"; when prison life is surrounded by romance, a halo of thieves' songs; when heroes appear - "thieves in law", the authorities of the underworld.

Legal consciousness can be formed even in childhood, when a naughty child is frightened by a prison or a policeman instead of being instilled with the idea that the policeman is his protector, assistant. That is why it is so important to form, using art, the media, and other means, a positive image of a defender of law and order, and not stoop to mass discrediting the figure of a policeman.

Each member of society, the guarantee of human rights and freedoms in society.

These options show:

1) how high is the level of legal consciousness of society, i.e. how:

the principle of humanism is respected in society;
the public is informed about the lawmaking process;
observance of the rights and freedoms of the individual is ensured;
citizens themselves are aware of the scope of their rights and freedoms;
citizens know basic rights and the Constitution;
lawful behavior of the individual;
positive attitude towards the authorities and the court;

The legal system will function if there is a well-coordinated hierarchy of normative acts in the state, 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 education- 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, the performance of this function belongs to state bodies, institutions, enterprises, educational institutions and other structures of the state apparatus.

The main directions of legal education:

the formation of legal consciousness and legal culture in the main unit of society - the family;
teaching the basics of legal science to the younger generation in educational institutions;
self-education;
providing information about law-making activities in the state (through the media, literature, print, computer programs, etc.).

Ways of legal education:

belief;
warning;
encouragement;
compulsion;

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