Legal idealism: definition of the concept

In modern legal literature, legalistic nihilism is an antithesis of legal idealism. It should be noted that he also has a number of negative features and consequences, which are a consequence of legal ignorance, undeveloped and deformed sense of justice, to a certain extent even a shortage of political and legal culture. Legal idealism is an extremely hypertrophied attitude towards legal means, revaluation Opportunities and role of law, the certainty that only one existence of laws can solve all problems of society. In fact, he is the second side of the same coin as nihilism. Legal idealism, the concept of which at first glance assumes the absolute opposite of the latter, actually in the end closes with it and forms a common problem. And although this side of the medal is less noticeable and less on hearing than some defiant forms of nihilism, the phenomenon is considered no less destructive in its final consequences.

Causes

• Legal starvation, cultivated for decades and centuries.
• The extreme degree of legal ignorance.
• Undeveloped and deformed sense of justice in society.
• Legal ignorance of citizens.
• Deficiency of political and legal culture.

Often all these problems, the direct consequence of which is legal idealism, stem from the omnipotence of state power over a long period of people's history. Under Russian conditions, we have a similar situation, when the long-term subordination of all civil and natural rights by the government (in the form of a ban on wearing a beard, forced wearing of European clothes, long preservation of feudal relations, decades of total fear of state power, etc.) led to inadequate perception The legal system in our day.

Forms of legal idealism

• Absolutely unrealistic attitude to the right of legal scholars. Perception of this right as an abstraction, completely detached from life.
• The blind and peremptory faith of citizens of the state in "good laws", which in themselves are able to quickly change everything for the better.
• The literal perception of legal law as the only means that regulates social relations. Ignoring the objective reality, in which not only law regulates social relations.
• Extremely idealistic attitude to the legal norms on the part of legislators. For example, legal idealism leads to negative consequences when MPs during the development and adoption of legal acts are poorly oriented in the vital reality of the people and their interests, believe that the adoption of the law alone can solve the problems that have arisen, so that they are unable to provide for Mechanisms for implementing the norms of this legal act.
• Excessive fascination with the formal side of the rule of law (for example, during the consideration of court cases).