Abstract
This article is talking about the structure of legal culture in the sense of philosophical and anthropological approach. General values of the society are presumed to be a basic, main part of legal culture; and legal values are supposed to be just modified common cultural values; thus, legal ideas are a form of common mindset rationalized with law. So, the author proposes to identify the basis of legal culture by eliciting predominant nucleus of common culture of the society.The last part of the research contains the author’s suggestions about an establishment of two-level structure of legal culture that should consist both of folk and state legal cultures. To understand the goal of this differentiation and combination we need to invoke etymology of the studied notion and remember that culture is a method of a nation’s self-identification. The author suggests that only legal culture that comprises both of the stated blocks coexisting in harmony and complementing one another is a real mirror of legal life in any society. Observing and taking into consideration such legal culture, we can achieve the goals of the whole legal regulation: make almost all people who belong to the particular society understand and accept laws created by the public authority.
Highlights
Applying philosophical and anthropological approach allows us to state that the fundamental principle of the entire social regulatory system is the basic cultural model, called above the cultural dominant
The author suggests that only legal culture that comprises both of the stated blocks coexisting in harmony and complementing one another is a real mirror of legal life in any society
Before continuing our discussions we need to find out how under this approach legal culture is different from other types of social culture, in particular, political and moral culture with which it is often compounded by representatives of classical theoretical paradigm
Summary
Applying philosophical and anthropological approach allows us to state that the fundamental principle of the entire social regulatory system is the basic cultural model, called above the cultural dominant. Later as the social and cultural reality gets more complex, the model takes a certain form of social standardization: either moral/religious obligation or mutual legal obligations. This way law and, for example, morality taken as cultural institutes of a certain society, differ in form but share part of the content determined by common cultural values, ideas and mindset. Before continuing our discussions we need to find out how under this approach legal culture is different from other types of social culture, in particular, political and moral culture with which it is often compounded by representatives of classical theoretical paradigm
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