EducationThe science

Basic concepts of legal understanding and modern consciousness

Attitude to law as a legal norm, which should be observed, its understanding largely depends on the national specifics of society, the social conditions in which it lives, on the legal education of even the majority of its members. The basic concepts of legal understanding reflect this.

It's no secret that respect for law and law-abiding is more in those countries whose cultural, historical and ethical, ethnic traditions are based on the establishment of the norms of the rule of law as the basis for ensuring external and internal stability of life. The living standard in such countries is quite high, the economic situation is stable, and the society itself has a due knowledge of legal and legal literacy, knows its rights and obligations well, knows how to defend the first and observes the latter.

The basic concepts of legal understanding are based on such areas as the normative law, the right moral and the sociological law.

Classification

  1. Normative law. This is a system of legal norms that are published by the state. It also protects these norms, controls that they are observed by citizens, and punishes in case of their violation. As a matter of fact, in this case it is possible to put an equal sign between the right and the law. Those. In the normative legal understanding it is asserted that the law and legislative norms are one and the same. In this case, the law as some system of norms and law as a legal form differ not in their essence, not in essence, but only formally.
  2. Sociological Law. The defining concept for this direction is the thesis "right in action". Those. The right here is equal to a certain order in society. The legislative system acts as a part of law. And in itself, the existing law correlates with the system of social relations. And the legal norms only reinforce or condemn those intra-family relations, the relationship of the citizen with the state power, the legal attitude to property that already exist, have developed historically and are undergoing some changes under the influence of time and new living conditions.
  3. Moral right. Modern concepts of legal thinking point out that justice should be based not only on legal principles, but also on moral ones. It is then that justice will be provided to citizens. Therefore, law and morality must be in firm unity. Thus, in this concept, law is associated with justice, legislation. Moreover, if justice is not connected with the law, will cease to meet legal norms and requirements, it will turn into its complete opposite. Moral norms and ideas of justice should be the basis of law. The basic concepts of legal understanding are an example of such a fusion of moral and legislative law, the Constitutions that exist in almost every state, as well as the Declaration on Human Rights, which reflects the basic universal human and moral values. The Declaration is supplemented and concretized by one more document - the International Covenant on Civil and Political Rights. These documents and various amendments to them provide practically to any citizen of any country the protection of personal freedom and observance of universally recognized moral values.

The basic concepts of legal understanding have a materialistic foundation. It was Marx, Engels and Lenin who explained the formation of statehood through socio-economic reasons. The materialistic theory of law is based on the fact that the state has replaced generic relations and organizations. And the law replaced the customs that existed there. The state system is a new natural stage in the development of society. And the right is called to ensure order in it.

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