Соотношение институциональных и социокультурных аспектов эффективности права

Abstract

Law is the object of studying many different disciplines. There are specialized legal studies, philosophical understanding of legal issues, sociological consideration of law as a social institution. However, regardless of whether the study has a theoretical or applied aspect, it ultimately affects the practice of legal relations. Law as a regulator of public relations exists as a continuously developing practice. This determines the pronounced applied nature of legal knowledge, and at the same time updates the question of the effectiveness of law, its degree of conformity with the function laid down in the legal system. This question has traditionally been attributed to the paradigm of positive law, but this approach is incorrect. In fact, even at the level of natural law theory, we see a desire to improve the current regulatory system. On this basis, the issue of improving the legal system, improving its effectiveness, is one of the central ones for legal knowledge. Accordingly, at the level of various disciplines, there are developments that reveal this issue. In this article, the question of the effectiveness of law is consistently raised, which is resolved in the framework of an analysis of its two most important factors - the legal consciousness and the state of social institutions. The article details the impact of the state of social institutions on the level of law and order in society. The importance of legal awareness as a factor in the effectiveness of legal regulation is also considered. Mechanisms of influence of legal consciousness on social processes, as well as factors of formation of different types of attitude to law are analyzed. It is proved that the legal well-being of society depends on a combination of institutional and worldview factors.