Legal Attitudes Research Articles

Некоторые особенности правосознания и правовой грамотности в России и за рубежом

The purpose of the research. The research is aimed at identifying characteristic features, types and components of legal consciousness, the elements of its structure and its functions which help to realize legal attitudes in different legal situations from the point of view of Russian and Anglo-American law. The authors point out the influence of legal stereotypes and attitudes on the formation of an individual’s legal consciousness. Another element closely connected with the concept of legal consciousness is legal literacy, which helps an individual to socialize. Having analyzed the differences between the approaches to the concepts of legal literacy in Russian and Anglo-American legal culture the authors hold an opinion that legal literacy directly depends on the possibilities an individual has to obtain information about his legal rights and duties. Lack of such knowledge leads to negative legal consequences. Conclusions: The results of the study showed that in order to increase legal literacy it is necessary to form «positive» legal stereotypes and attitudes. One of the ways to succeed in it may be studying, analysis and discussion of legal texts in a foreign language. Such approach is used at Moscow State Linguistic University for the training of law students. Methodology and technique of the study. During the study of the concepts of «legal awareness» and «legal literacy», their formation and application by members of the legal profession and non-lawyers, the authors of the study used such generally recognized methods as general philosophical (dialectic, system method, analysis). In addition, a comparative analysis was made of the concepts studied in the Russian and Anglo-American legal culture. The article also presents the results of a survey of undergraduate students, which made it possible to assess the impact of the study of legal texts in a foreign language on the formation of legal stereotypes and attitudes.

Excluding Criminals or Mothers? How Vicarious Experiences Shape Legal Attitudes on Immigration Enforcement

Abstract Literature provides insights as to how interior immigration enforcement can foment legal cynicism among those it targets. Yet scholars know little about individuals’ evaluative judgments after a secondhand experience, such as when a relative is apprehended, detained, or deported by immigration enforcement. Drawing on data from 26 interviews with individuals who had a family member apprehended by immigration enforcement, I examine how people evaluate a relative’s immigration case and immigration law more broadly. I argue that a gendered legal attitude formation process occurs as family members make and express their evaluative judgments. Respondents often had limited information about the case, and they turned to available gendered discourses to express their legal attitudes. As a result, with a male relative, individuals invoked criminalization discourses, whereas with a female relative, they invoked motherhood discourses. Thus, family members of males who delegitimized immigration enforcement did so via a limited challenging of criminalization discourses, whereas the family members of females tended to delegitimize immigration enforcement via motherhood discourses. Other family members of males also drew from criminalization discourses to legitimize some aspects of immigration enforcement. I argue that this process of gendered legal attitude formation demonstrates the far-reaching consequences of a men’s criminalization.

Russian Legal Mentality: Procedural Law vs. Customary People’s Justice

Russian customary law is a unique source for the study of the Russian traditional legal mentality. It is a kind of a cast from the people’s “instinctive right-feeling” (I. A. Ilyin), a product, a repository and at the same time a generator of legal mental attitudes. The results of research in the field of cognitive linguistics confirm the connection between thought processes and language. The author proceeds from the fact that the national language is an appropriate basis; and the means of linguistics are an effective tool for studying the national legal culture, legal mentality, legal consciousness. The paper describes separate approaches to the interpretation of the concepts of “mentality” and “mindset”, proposes a definition of the concept of “Russian legal mentality” and identifies the category of those possessing it.The procedures for considering and resolving cases according to the norms of secret, written, pre-reform (before 1864) and post-reform (after the Judicial Reform of 1864) process, fixed by positive law (legislation), not only in form, but also in the approach itself, differed significantly from the traditions of popular justice as a “branch” of Russian customary law.The main attitudes of the Russian traditional legal mentality are described in procedural aspects that are significant for the perception of law and legislation. Russian traditional legal mentality is reconstructed in order to identify the key mental attitudes inherent in the tradition of Russian customary law, in contrast with the approaches natural for the Western legal tradition. This is done in the context of the following phenomena: the ideal of justice, procedural order, legal qualification, the value of evidence, the purpose and result of justice.

Developments and Challenges of Fashion Law in China

Over the last three decades, China’s legal framework and political attitude regarding fashion have faced several changes. Initially, the country lagged behind the international standard, but over time China has made a significant effort to improve the legal environment where the fashion industry operates. If China is now a top player in the global fashion market, it is due also to its commitment to building on a solid formal legal framework. While this consolidation is occurring, further transformations that will affect the fashion business are underway in China: in particular, one concerning the advent of digitalization, which is crucial in determining the future development of the industry and increasingly relevant due to the spread of COVID-19, and another concerning the undergoing social, political, and cultural changes being strongly pushed forward by President Xi’s leadership. This paper aims to identify some features of the evolution of legal regulations relating to the fashion industry in China and to analyze its current trends and possible future developments.

LEGAL PRINCIPLES AS TELEOLOGICAL LEGAL ATTITUDES IN THE LEGAL ORDER OF A STATE OF LAW

This article presents the difference between legal norms and legal principles. The author’s viewpoint is based on the differentiation between regulatory, systemic and teleological legal attitudes in the legal order of a state of law (Rechtsstaat). The conceptual framework of legal principles entails constituent laws and different areas of a legal order. Unlike legal norms (as subject-specific regulating legal attitudes) and legal standards (as the most general legal attitudes), legal principles are radiating teleological legal attitudes. Moreover, being the result of systemic and teleological concretisation of written law, legal principles as basic teleological legal attitudes are shaped as bundles of teleological legal attitudes and legal conceptions. In the order of a legal state, legal principles have a circular flow in the operation of the legal order, which is determined by the complementary roles of the institutional order of public authority, the institutional order of state authority, and the institutional order of a territorial community. It necessarily brings to light the difference between the fundamental legal principles of a legal order and the legal principles governing different areas of a legal order. This article analyzes the aspects of systemic and teleological understanding of legal principles, particularly considering the distinctive nature of legal principles as sources of law. Legal principles are also viewed as canons directly developed in jurisprudence, within the framework of the “internal legal system” based on legal forms.

THE ESSENCE AND FEATURES OF THE LABOUR ORGANIZATIONS OF THE MODERN MANAGER

According to research results, the theoretical component of the article defines the process of organization of labor manager, as such that is carried out on the same basis as the organization of work of the entire collective. The organization of labor is based on social laws (Law of Labor District, Law Cooperatives, Law of Labor, etc.) and subjective organizational principles (principle of rhythm, principle of proportionality, principle of continuity, etc.). But in the methods of organizations of management labor are the features arising from the specifics of the management processes of the organization. They are due to the separation of managerial labor from the work of the executive, which is a form of manifestation of division of labor in society. Global Competition, Many Markets, Costs Increasing, Consumer Caution, Prejudice to top managers and owners of companies, Permanent Public Supervision, Instant Distribution of Information, Limiting Natural Resources, Future Future – All this imposes a print of management and work of managers. Management in social structures includes not only psychological interconnections between people, but also important for the implementation of social groups economic, cultural, political, legal, law enforcement, production, environmental and other attitudes in which the specific activities of people are carried out.

К вопросу о деформации правового сознания: психологический анализ

The article presents a psychological analysis of changes in the legal consciousness structure, including cognitive, emotional-evaluative, regulatory (operational) and reflexive components; establishes the main forms characteristics in legal consciousness deformation: legal infantilism, legal idealism, legal conformism, legal nihilism and legal egocentrism. The author comes to the conclusion that the prevention of the individual legal consciousness deformation and the formation of legal attitudes are provided by the retrospective, situational and perspective reflection.

Правові цінності як детермінанти сталого розвитку суспільства

The goals of sustainable development, outlined in the final document of the UN Summit «Transforming our world: the 2030 agenda for sustainable development», continue to be the main model of development for all countries. Sustainable development is formed and provided by various determinants, among which legal values are not the last. They provide legal identification of objects recognized as benchmarking guidelines for sustainable development, and form the value and legal orientations of entities which activities are aimed at performing these tasks. The lack of a common system of legal values leads to the deformation of the legal consciousness of the population, the dominance of nihilistic trends, makes it impossible to achieve sustainability and stability in society. Therefore, the existence of a single value-legal paradigm is a consolidating factor of Ukrainian society, forms a positive attitude of the subjects to the political and legal life of the country, promotes their legal socialization and the development of a proper legal position. This allows to achieve social justice, build the foundations of inclusive development, ensure the rule of law, eradicate corruption and restore trust in the state and its institutions, strengthen social cohesion, ensure the interaction of public authorities with the public and self-organize the activities of citizens. Among the legal values that contribute to the achievement of sustainable development goals and form the foundation of legal culture, a special place is occupied by human, justice, freedom, responsibility, equality, patriotism, religious tolerance, etc. Keywords: life choice, legal culture, legal position, legal values, value and legal guidelines, sustainable development, value and legal attitudes

The right to privacy of patient medical images in Iranian (Islamic) and Western law

The use of images taken by the physician during the treatment and care of the patient can endanger the patient's privacy and image rights and lead to the disclosure of the patient's identity. The right to privacy of the patient's image therapy in the legal field is included in the category of the right to personality and in the realm of Islamic law is in the category of the sin against mankind. On the other hand, these images provide a unique opportunity for physicians in education and research. Given that based on the rights of persons to their image, no one can take a photo or video without the consent of a person, today, some domestic legal systems provided the correct Conditions to use patient images to protect patients' rights and prevent possible disputes between physician and patient. Non-disclosure of patient identity, informed consent, and safe maintenance are the three main conditions in using patient images. According to the necessity of finding the right to privacy of patient medical images, the present study aims to achieve the principles and criteria of protection of this right For legislation in Iran, Through descriptive-analytical method, Reviewing and analyzing the results of scientific theories and legal attitudes of international centers such as the International Committee of Medical Journal Editors and the Canadian Medical Protective Association has considered and Western countries such as Australia, England, and Canada.

Development of russian and international legal regulation of the use of lethal autonomous weapon systems equipped with artificial intelligence

This article aims at outlining the approaches of the international community, the BRICS countries, and other countries that have achieved noticeable results in the development and use of artificial intelligence in the military sphere to answer the questions about the applicability of the existing international humanitarian law in a military conflict using Lethal Autonomous Weapon Systems, and the extent of this applicability. Based on analytical reflections on information drawn from referenced sources, the authors analyze the provisions of national and international approaches, legislative instruments, and documents that create patterns for developing lethal autonomous weapon systems and the potential for the use thereof from the standpoint of legal attitudes. The authors’ results are presented in a set of approaches of national legal systems and doctrine provisions found in the current law in the field of research, including from the standpoint of a contribution to the further improvement of the concept of lethal autonomous weapon systems.

Legal mobilization via preliminary reference: Insights from the case of migrant rights

Over the years, many theories have tried to explain the puzzle of cross-national variation in preliminary reference rates before the ECJ. Most of the contributions focused on the role of national judges, examining their legal education, policy preferences, workload, and attitude towards higher courts. This article adopts, instead, a legal mobilization perspective that decentralizes the role of courts and redirects the focus to the litigants and their political context. Relying on empirical research and on a comparison of three country case studies in the field of migration, the article argues that national patterns of mobilization influence the emergence of preliminary references. Moreover, it identifies three factors at the national level that help understand when legal mobilization occurs via preliminary reference: altruism, Euro-expertise, and EU legal opportunity structure. The article makes both an empirical and a theoretical contribution by bridging the scholarship on legal mobilization and EU judicial politics.

Интерсубъективность правовой культуры молодежи.

Introduction: from the perspective of a synergetic approach, the article attempts to reflect the conditions for the formation of the legal culture of young people, as a state of legal awareness, legality, perfection of legislation and legal practice, expressing the status of law as a certain social value realized in the process of modern education in a pedagogical university, which allows us to implement a system of legal attitudes that reflect the attitude of Russian citizens to the current law, to legal practice, to human rights, freedoms and duties. Materials and methods: the use of the method of humanitarian expertise determines the direction of human activity in modern society, clearly identifies the main discourses of the assignment of the subject of education to the norms of legal culture; legal ideology; types of legal consciousness according to the degree of their generality and content. Results of the study: as a result of the rapid examination, which includes the generalization and systematization of reflexive knowledge about the state of legal culture of Russian students, their ideas about the rule of law and legality, lawful and illegal behavior, updated law enforcement acts, conclusions are drawn about the unfolding of certain aspects of public and individual consciousness, the object of which is legislation as a whole, from the standpoint of intentionality, performativity, media; on the identification of risks in the organization of training of modern pedagogical personnel-the main translators of law, freedom and duties of the individual; on the actualization of the norms of legal psychology that express the attitude of various social groups to the law, to the system of legal institutions operating in society; on the formation of a different legal ideology from the existing legal phenomena of public life; on the generation of samples of purposeful activities of state bodies and the public to form a legal culture among citizens.

Conditional Designation of Artificial Legal Entities (CDALE): A Post-Anthropocene Dynamic Jurisprudence

Anthropocene jurisprudence amounts to a legal attitude that posits human beings as the ultimate subject to which the legal ontology, epistemology, and language serve. This attitude inevitably leads to exceptionalism not only in terminology but also in the impact which legal verdicts incur, especially on the natural environment and species. In this paper, we make a coupled reading of jurisprudence and environmental science while suggesting a post-Anthropocene model of law which can be made philosophically consistent by appropriating a new theory of human as a 'biocultural creature' to outgrow the attitude of exceptionalism in law. In doing so, we take recourse of dynamic systems and complexity theory for a law to account for the ontology, epistemology and linguistics of post-Anthropocene jurisprudence.

The contribution of intimate relationships to legal socialization: Legitimacy, legal cynicism, and relationship characteristics

AbstractLegal attitudes, such as legal cynicism and perceived legitimacy, develop through an ongoing process of legal socialization involving both legal authorities and non‐legal agents of socialization. Most research on the non‐legal sources of legal socialization has focused on authorities most relevant to the early stages of the life‐course. Few studies have examined the influence of non‐legal sources of socialization relevant to adulthood, even though early pioneers of the field anticipated that legal socialization involves a life‐long process. In this article, I investigate the influence of changes in intimate relationships and their characteristics on legal cynicism and legitimacy. Using data from a longitudinal study of serious, young offenders, I investigate the extent to which changes in relationship characteristics contribute to within‐individual changes in legitimacy and legal cynicism during the transition from adolescence to early adulthood. The results indicate that changes in the characteristics of intimate relationships are associated with changes in legal attitudes, and that these involve both direct and indirect effects. These findings highlight the importance of non‐legal sources of legal socialization over the life‐course and show that they are not confined to the authority figures traditionally acknowledged in the legal socialization literature.

VALUE DEVIATIONS IN SOCIAL NETWORKS AS A THREAT TO THE SOCIO CULTURAL DEVELOPMENT OF UKRAINE

Problem setting. Nowadays, social networks have become an integral part of communication processes in society. The influence of social networks on the socio-cultural development of Ukraine has both positive and negative manifestations, since both values and antivalues are spread in these communication systems, there are subjects who are guided by the norms of morality and law, and those who neglect them, direct their efforts to the harmonization of a certain sphere of public life, or vice versa, produces xenophobic sentiments, inciting enmity in the domestic society at the cultural, national, religious and other levels.
 Recent research and publications analysis. Significant numbers of scientific works are aimed at elucidating the signs and criteria of deviating as a social phenomenon. According to A. Demkiv, those values, the worldview and behavior that deviate from the organizational culture that exist in a certain social community are considered deviant. In the context of this research, it is important to note A. Khlebnikova's reflections on the recognition and determination of the axiological status of the social network in modern society and the scientific work of P. Kravchenko, which proves that religion, morality, values, language, traditions contribute to the internal consolidation of local social groups, and in this process, social networks perform a leading role. Researchers A. Onishchenko, V. Gorovoy, V. Popik and others devoted their scientific research to uncovering the negative impact of social networks on the development of the Ukrainian state and its socio-cultural and informational spheres.
 Paper objective. This research involves the disclosure of the negative impact of value deviations of social network subjects on the domestic socio-cultural area, information and spiritual security of Ukraine.
 Paper main body. The wide range of values presented in social networks has a consolidating, humanistic nature – they are reproduced by scientific and creative communities, spiritual and cultural associations, volunteer and human rights organizations, and so on. In turn, anti-values are presented in the content of extremist organizations, xenophobic associations of various orientations, which creates an ideological basis for the emergence of social conflicts, disintegration processes, and civil confrontation. Thus, social networks have become an influential actor in the development of the socio-cultural, spiritual, value, information space of our country.
 Considering Ukrainian society as a holistic formation, it is worth noting that value deviations are those ideas about the ways of being and about spiritual life that do not correspond to the humanistic and national guidelines for the democratic development of Ukrainian society. In the context of the research, worldview guidelines that contradict moral attitudes, existing legal norms, accepted traditions of the domestic society, etc. can be considered as value deviations in social networks.
 Freedom in social networks has a dual manifestation: on the one hand, it is free opportunities for self-realization of individuals and diverse perspectives for the development of the country's socio‑cultural space, and on the other hand, freedom in social networks creates conditions for the popularization of antihuman attitudes, pseudo-values, xenophobic ideologies and worldview systems.
 Conclusions of the research. The value deviations of social network subjects are a logical continuation of the deformations of the moral, political, legal, spiritual and other humanistic direction attitudes that are widespread in Ukrainian society. Undoubtedly, the influence of value deviations on domestic socio-cultural development is destructive and it can manifest itself in illegal, immoral, aggressive models of behavior.

Trust in the jury system: a comparison of Australian and U.S. samples

Public trust in the criminal justice system, including the jury system, is important for maintaining a democracy that is fair for all citizens. However, there is little research on trust in the jury system generally and even less cross-country comparison research specifically. Trust in the jury system might relate to other legal attitude measures (e.g., authoritarianism). This study identified the degree to which trust in the jury system relates to legal attitudes and compared perceptions of trust between the U.S. and Australia. Community members completed a survey that included measures of trust in the jury system and legal attitudes. The U.S. sample had higher levels of trust in juries than the Australian sample. In both samples, just world beliefs and legal authoritarianism were positively related to trust. Results have both theoretical and practical implications regarding legal attitudes, trust in the jury system, and public opinions of juries in each country.

Double Standards Regarding the Attitude of the Contemporary States towards Secession: The Legal Aspect

The constitutions of the majority of the existing states reflect a negative attitude towards secession: from the establishment of a number of constitutional principles (the unity of the nation, the integrity of the state, etc.), which are interpreted by the bodies of constitutional control as directly or indirectly hindering the implementation of secession, to its direct prohibition. Only a small group of constitutions contain provisions allowing secession. Along with this, in the international legal field, wherein the states operate and declare the recognition of the principles thereof, there is a principle of recognition of the right of nations to self-determination. Within the framework of national law the secession, which was a precondition for the existence of the significant number of the contemporary states and, as such, served as the basis for the proclamation and approval of their independence, is considered at the official level as an important and significant event. It is celebrated as official holidays, anniversaries of independence, also states may support customs and traditions that are associated with the secession. The article shows that this “double standards”, applied by a significant part of modern states to past and future secessions is caused by, on the one hand, state obvious interest to preserve integrity, and, on the other hand, the traditions rooted in the past. The doctrine that justifies the strictly negative state attitude towards secession is not ideal, contradictory, based on the currently transforming concepts and theories; thus counter-arguments were developed based on fundamental constitutional theories and research. The diversity and inconsistency of the doctrine forces the contemporary state to either seek a balance between conflicting theories and approaches, or to adhere to one of them — usually not the most actual one. The necessary combination, synchronization of international legal and constitutional legal attitudes towards the regulation of secession can be ensured, first of all, if such regulation is based on the principle of the priority of human rights. At the same time, in contrast to the principle of the sovereign right to dispose of their territories by the states based on the model of property rights, which has feudal roots (which is also being modernized and transformed in the context of globalization), the humanitarian approach to ensure the right of people to self-determination is designed to guarantee the possibility of a free and rational choice of the form of their state existence by regional and local communities.

Flemish healthcare providers’ attitude towards tiredness of life and euthanasia: a survey study

Objectives To explore the legal understanding and attitudes of nurses and physicians in both acute and chronic geriatric care (Flanders, Belgium) regarding euthanasia in the context of tiredness of life in older people. Method Healthcare providers employed in acute care (59 geriatricians and 75 nurses of acute geriatric wards), as well as chronic care (135 general practitioners (GPs) and 76 nurses employed in nursing homes and home care services) were sent a survey with four case vignettes. For each case vignette, respondents were asked the following questions: (1) ‘Does this case fit the due-care criteria of the euthanasia law?’, (2) ‘Do you consider this person to be tired of life?’, (3) ‘Can you comprehend this person’s euthanasia request?’. Results In cases of severe and life-limiting physical suffering, where the patient meets the legal criteria for euthanasia in Belgium, only 50% of physicians and nurses are aware of this legal basis. In case of tiredness of life without underlying pathology, nurses showed more comprehension for the euthanasia request compared to physicians (43.0% vs. 10.8%, p < 0.001). Physicians tend to assess the legal base of an euthanasia-request depending on the severity of physical morbidity, whereas nurses show a greater comprehension towards euthanasia-requests even in absence of severe illness. Geriatricians are more reserved regarding performing euthanasia themselves as compared to GPs, regardless of underlying pathology or reason for the euthanasia-request (p < 0.001). Conclusion The legal understanding and attitude of Flemish physicians and nurses towards tiredness of life and euthanasia in older patients differed to a great extent. This study showed (1) a lack of awareness of the legal basis for euthanasia in the context of ToL among all HCPs, (2) differences in the extent of comprehension between nurses and physicians and (3) differences in willingness to actually perform euthanasia between geriatricians and GPs. So even with the formulation of strict due-care criteria there is still room for interpretation. This creates a gray area and a discussion point between healthcare providers.

Гендерно-правова культура майбутніх фахівців правоохоронних органів

The article considers the semiotic nature of gender and law culture, focuses on the synthetic nature of this term, and provides alternative definitions of such concepts as «gender» and «culture». Highlighting the essence of the proposed word from a semiotic perspective, the authors of the article give examples of the main elements that form the paradigm of gender and law culture. The practical part of the article is devoted to analyzing the proposed phenomenon as a psychological and pedagogical problem. Taking into account that modern conditions of social development are associated with changing social and economic, and criminal complications, as a result of which society is interested in the effectiveness of law enforcement agencies operating based on legality, humanism, transparency, the presumption of innocence, resilience, the subject matter of the research is viewed as undeniably topical today. The analysis of the scientific literature in gender and law made it possible to specify the concept of «gender and law culture of future law enforcement professionals», which, in particular, refers to the issues of forming a gender culture of future law enforcement professionals. It is considered to be an integral quality of personality determined by the specifics of law enforcement, reflecting comprehensive knowledge of the nature and legal regulation of gender aspects in current Ukrainian legislation and readiness to ensure further functioning of gender-sensitive practices and principles of non-discrimination in law enforcement activities based on legal attitudes and compliance with official duties.

Hadiya, Hinduism and Heterosexuality

Depending on one’s point of view, the Hadiya case caught the national imagination for being a shocking example of “love jihad” or a horrifying instance of the growing criminalisation of desire. Since the latter view is informed by the former, this essay looks at the ways in which the nexus of patriarchy, nationalism, and sexual phobia has built up in India over the centuries, beginning with the laws promulgated under British rule. The emphasis on “personal laws” separable by religious community, the very creation of a religious community as a singular entity, the inexorable march towards a religiously-inflected nationalism, have all gone hand in hand with increasing legal and social control over women’s bodies and queer desires. A public investment in muscular masculinity requires laws and judgments to support its agenda, and the Hadiya case takes its place in a long line of such examples of legal capitulations. Even the Supreme Court’s overturning of the Kerala High Court judgment depended on gendered and nationalistic assumptions that were every bit as regressive as what was being overturned. The law in both cases seemed unable to accommodate non-heteronormative desire except in the register of terror. Desire in the Hadiya case became terrorising and anti-national because it refused to adhere by commonplace notions of how women should behave. This essay is an account of that legal attitude to women’s desire.