Legal Consciousness Research Articles

Legal consciousness and the crypto phenomenon: property ideologies, innovations and potential ramifications on financial system stability

Abstract How does the understanding of law among individuals involved in the crypto phenomenon originate, and how does it impact the trajectory of this innovation? This article examines the legal consciousness of crypto industry participants and state actors, exploring their ideologies on law, property and innovation through extensive document and archival research. It highlights the interplay between the crypto industry’s perception of crypto-assets’ possessing dynamic and self-regulating qualities beyond traditional legal boundaries and the increasing willingness of state actors, despite their reservations, to utilise law as a flexible tool to embrace innovation and promote economic competitiveness. By employing Minsky’s financial instability hypothesis, this article contextualises such legal consciousness within the financial system and contends that collective legal consciousness and associated behavioural dynamics substantially shape state–industry interactions, with the potential to destabilise the financial system. This article sheds light on the challenges presented by crypto-assets and the intricate interplay between law and technological advancements.

Russian philosophy of law and the historical tasks of Russia: to the publication of the monograph of corresponding member of the Russian Academy of Sciences A.N. Savenkov “Philosophy of law and the formation of the Russian state-civilization”

The article is devoted to the publication of a monograph by Corresponding Member of the Russian Academy of Sciences, Director of the Institute of State and Law of the Russian Academy of Sciences A. N. Savenkov “Philosophy of Law and the formation of the Russian state-civilization”. In the Russian scientific literature, this is the first study where an attempt is made to show national legal consciousness (in the form of philosophy of law) and Russian statehood as a single inseparable synthesis, as an organic spiritual and practical integrity. The main feature of the book is the consideration of the Russian Philosophy of Law as a phenomenon of national legal consciousness, as the spiritual core of Russian statehood. The monograph shows a wide panorama of Russian and European history, the struggle and the interaction of ideas, values, concepts and schools. The article reveals the author’s approaches concerning the formation of the ideology of the modern Russian state based on the ideological heritage of the Russian Philosophy of Law.

Supernatural heroes and legal consciousness: reconsidering the legal discourse in The journey to the west

Supernatural heroes and legal consciousness: reconsidering the legal discourse in The journey to the west

The Problems of Ideology in the Context of State-Legal Reality

Introduction. The article analyzes the phenomena associated with the emergence of ideologies, their manifestations in the conditions of state and legal reality, as well as the views of researchers regarding the concept of ideology, which for many decades was considered as false consciousness. Changes occurred only by the end of the XX century with the emergence of new scientific concepts with the participation of foreign and domestic scientists. social group, then there should also be a political direction in the activities of the state. It could have the character of a humanitarian policy. The study presents its author's definition. Particular attention is paid to the nature of the interaction between ideology and law, which is considered as a value phenomenon. After the adoption of the decree on the approval of the foundations of state policy for the preservation of traditional values, such a conceptual document is considered by the authors in the context of its ideological content, without which strategic planning for the development of the country is impossible. The issues of interaction between ideology and law are analyzed in the format of the state as a complex social system. The article contains an analysis of the influence of information technologies used in legal relations, which generates the need for legal regulation, which means that they are included in the object of legal cognition, reflection and comprehension by legal consciousness. The conclusion is made that it is necessary to pay more attention to the factors that have a positive impact on legal consciousness. It is argued that the state-legal reality allows us to see the state in its legal design and legal consolidation, and the law in its state provision and guarantee, without interfering with the detailed analysis of both the state and the law. In conclusion, the author formulates proposals concerning the objective demand for ideological forms by the state and its power structures, even if the dominant ideology is not enshrined in the country, since all social institutions have ideological foundations in the protection of values and traditions in society.Materials and methods. The theoretical and methodological basis of the scientific research consists of general scientific and special scientific methods of cognition. In the work, the methods of systemic, comparative legal analysis, ascent from the abstract to the concrete, philosophical and legal research tools of ideological processes, the involvement of the results of domestic and foreign research on the interaction of ideology and law, statehood, state structure as a complex social system were used.Results of the study. Based on the results of the analysis, it was revealed that the state and its power structures in the conditions of a specific state-legal reality objectively require ideological forms, even if the dominant ideology is not fixed in the country. Consequently, all social institutions have ideological foundations in the protection of values and traditions in society. Discussion and conclusion. The ideological component is manifested in law, among other things, in politically engaged, opportunistic norms and normative legal acts. The intellectual content of the country's strategic development is closely related to the concept of "Russian identity". Identity answers the questions: What are we? Where are our roots? What are our traditions? How do we pass on these traditions from generation to generation? The description of identity remains a scientific and historical description of society. In turn, identity is closely related to ideology. But if identity answers one question: What are we? Ideological forms contain answers to the questions: Where are we heading? What is our goal?

Features of Forming the Legal Consciousness in the Modern Settings and Its Influence on the State of Lawfulness

Introduction. The Constitution of the Russian Federation defines the benchmarks ensuring an appropriate level of development for the important spheres of life, a high living standard, which requires a comprehensive approach to forming the human potential of the generations of the Russian citizens. The quintessence of the Russian statehood strategic development implies minimisation of the prerequisites inducing formation of the destructive legal consciousness in citizens, which obstructs achievement of the legal order in the country. In the National Security Strategy of the Russian Federation, among the list of national interests, a significant place is allocated to saving the people of Russia, to development of the human potential. The state strategic planning document had defined the following goals: upbringing a harmoniously developed and socially responsible citizen, forming in the society the attitude of intolerance to illegal activities. No doubt, in Russia, the trend of the power exercising mechanism to undergo modern institutional changes is caused by the social modernization and is targeted at the conceptual ideas of the constitutionalism. The economic and socio-political transformations inevitably affect not only formation of the legal environment, but also structuring the public consciousness, which concepts predetermine the development of the reasoned and practically oriented legal solutions. The state of the public perception of the legal phenomena should be constantly monitored due to the continuous impact imposed on it by the transformations in the state structure of the governmental and administrative authorities. The scientific understanding of these processes should not be underestimated, otherwise this can cause the psychological turbulence of a significant part of the population in choosing the behavioural patterns of lawful behaviour. In the context of transformation of the social determination process, which is attributed with a complicated range of the antisocially-motivated impacts, significantly limiting the preventive social and law enforcement potential, the present research is relevant due to the special importance assigned to precise, steady and uniform application of the legislative provisions, the degree of their functional social harmonisation in the social relation regulation mechanism. The deformations of the citizens’ legal consciousness are the factors hindering the achievement of the high efficiency in implementation of the fundamental principles of the supremacy of law. The research aims at investigating the functional role of the legal consciousness in the legal regulation mechanism of the modern social formations, at analysing the problems of exercising the state policy in the frame of forming the positive perception of the legal phenomena among the citizens and revealing the interrelations of the legal consciousness deformations and stimulation of the legitimate behavioural variation.Materials and Methods. The article analyses the results of the research of the native and foreign scientists on the regularities in the public perception of the state and legal phenomena and impact thereof on the legitimate behavioural variation. The general scientific and specific scientific methods were used in the research, such as the statistical method and the method of system analysis of data characteristic of the phenomena affecting the state of lawfulness in Russia.Results. The regularities in the functional role of the legal consciousness within the mechanism of legal regulation of the social relations have been acknowledged. The substance of the legal consciousness interrelations with the legal ideology and legal psychology has been revealed. The problems of efficiency of the state policy in forming the civil legal consciousness have been determined. It has been proposed to integrate into the scholarly discourse such a type of legal consciousness deformation as legal dementia, which predetermines the state of lawfulness in the modern Russian society.Discussion and Conclusion. The practical side of the legal consciousness reflects the behavioural attitudes of a person, his readiness to use in practice his theoretical knowledge and value assessments. The law-related feelings, emotions, ideas, principles, attitudes that have become a part of a person’s legal consciousness, subsequently determine his actions in the legal framework. To ensure protection of the national mental values and to prevent emergence of the destructive attitudes in the society, changes in the educational, scientific, cultural and other spheres should be made taking into account the historical traditions and the experience accumulated by the Russian society. Unfortunately, nowadays, among the main problems of the lawmaking and law enforcement processes in Russia are weak scientific and analytical justification of the draft laws, low quality of laws, acute legal collisions within the law system, violations of the intra-system relations that result in a tendency of citizens’ legal estrangement.

‘A Chancellor’s Foot’: Certifying Justice with Fools’ Ballads in Seventeenth-Century England

ABSTRACT In the seventeenth century, issues of jurisprudence and legal consciousness plagued pamphlets and debates at the Inns of Court. John Selden and other lawyers sought to define justice. However, while we would expect to find such debates in legal writing and pamphlets, this article demonstrates that such debates can be found in other popular genres more accessible to the public: ballads. The article uses Autolycus from The Winter’s Tale as a case study to show how later Royalists balladeers and songwriters, including Alexander Brome, used the ballad genre to critique public opinion as a legitimate form of legal conscience and adjudicate the new forms of English government during the Interregnum. In doing so, the article underscores the importance of ballads for Interregnum writers and the public to counterbalance the varying legal conscience and equity in seventeenth-century England.

Raising relational legal consciousness through co‐production research? Making law more accessible

AbstractThis article offers co‐production as a new methodology for relational approaches to legal consciousness studies that allows for deeper analysis of and engagement with the everyday experience of law. We argue that the inherent relationality of co‐production has the potential to both expose and change legal consciousness. As an approach that equalizes status in the co‐production of knowledge, social structures and hierarchies are reproduced in real time, allowing the relational networks through which legal consciousness is formed to emerge. We demonstrate both the possibility and the value of this approach through a discussion of early findings from a co‐produced project focused on accessible legal information for disabled people with cognitive impairments. Our emerging data show that disabled people's experience as ‘outsiders’ in their communities, and the barriers to justice that they encounter through being not believed or information being given in inaccessible formats, creates uncertainty and distrust of the utility of legal professionals as routes for resolution – even as they express a desire for formal legal process. These data also show that engaging with co‐production work can increase the legal confidence of people from marginalized groups.

Moralization of law, heavy-penaltyism, and retributive justice: A corpus-assisted study of legal consciousness on Chinese social media

Previous studies on legal consciousness have primarily focused on individual-level interactions with legal institutions or personnel. However, this perspective may overlook the indirect experiences that citizens gain through social media and the social normative consensus behind individual experiences. To address this gap, this study examined the shared legal consciousness expressed by citizens on a social media platform. Using corpus-assisted discourse analysis and sentiment analysis, we analyzed 284,792 danmu comments from the most popular legal channel on Bilibili in China. Our findings provide a contemporary perspective on legal consciousness in Chinese social media, uncovering three prevailing ideologies: moralization of law, heavy-penaltyism, and a predilection for retributive justice over restorative justice. Through our mixed-methods approach using big data, we demonstrate the potential for expanding research on legal consciousness. Our findings enable a deeper understanding of how legal consciousness is expressed and shared among citizens in the digital age.

Правосознание и юридическая аномия

The article is devoted to the problem of the reverse influence of the state of legal culture on the state of individual and public legal consciousness. In conditions of transit, which the domestic political regime began to undergo since the mid-80s of the 20th century, the legal culture of Russian society was also under constant pressure from changes occurring at the state level. Such a “transitional” form of legal culture can be revealed through the concept of legal anomie.

Прокурорский надзор за исполнением законодательства в экологической сфере

Topical issues of increasing the efficiency of supervision over the implementation of environmental legislation, human rights tasks to protect the constitutional rights of citizens to live in a favorable environment are considered. The effective work of the Yakut environmental prosecutor’s office to compensate for environmental damage caused to the subsoil as a result of violation of the legislation of the Russian Federation on subsoil is revealed. It is noted that the judge supported the prosecutor’s proposal to apply legal interim measures of joint and several property liability of legal entities for the future actual execution of the court decision, taking into account the large damage caused to natural resources. The important role of the prosecutor’s office in ensuring legal protection of people’s environmental rights is emphasized, which contributes to the process of forming the environmental legal consciousness of civil society in a legal democratic Russian state.

Factors of the deviant behaviour in a legal conscious society

The article examines the ontology of factors that determine the emergence and development of deviant behaviour. Given the diversity of the concept of deviance, this social phenomenon is comprehensively studied. Based on the results of the study, an ontology of this phenomenon has been developed. Deviant behaviour is a type of social behaviour contrary to the established rules that exist in society. It is unacceptable for society and the State, violates their interests, norms of morality, ethics, law, etc. The author considers deviant behaviour in the context of unlawfulness of an act, i.e. in the context of legal norms violation existing in society and the State. Another component of the issue under study is legal consciousness, which plays an important role, since it is a factor of deterrence from unlawfulness. The opinions of the scholars are analysed, and a conclusion is made regarding the definition of the concept of “legal consciousness”. Legal consciousness is a form of social consciousness which consists in the ability of a person to understand the existence of legal norms, the need for their observance and implementation. The level of legal awareness determines the potential for a person to commit unlawful behaviour. Therefore, it is necessary to maintain an appropriate level of legal awareness in society in order to reduce the number of cases of unlawful behaviour. This raises the question of identifying the factors that influence the emergence of deviant behaviour. Given that a person is a social being who interacts with other people, one of the factors influencing him or her is the social environment in which he or she lives (family, friends, colleagues, etc.). In addition, human consciousness is influenced by the information field, i.e. the media. Thus, society and the state's information policy are among the main factors influencing people. Human behaviour is formed depending on the information that influences it, and such information is formed on the basis of the effectiveness of compliance with the law by the authorities and their authority in society.

Правовой инфантилизм как явление современной правовой реальности

Introduction. Legal infantilism being one of the varieties of legal conscience deformation is characterised by insufficient legal knowledge and the lack of well-defined legal attitudes. It has been widely spread throughout the world in the XXI century and can be defined as a social pandemic. Despite the fact that legal infantilism, along with legal nihilism and legal idealism is more frequently described in Russian scientific and educational publications and has become a matter of concern in court proceedings, so far this socio-legal phenomenon has not received proper attention in legal science. Methods. The methodology of the research of legal infantilism as a phenomenon of modern legal reality is based on dialectics. The main methods of the research were the principle of comprehensive study of legal processes and phenomena, the principles of unity of theory and practice, consciousness and activity, the principle of determinism. The research was carried out on the basis of system and value approaches. Methods of integrity and retrospective analysis made it possible to determine the development of the research topic, to identify the ideas of various scientific areas concerning the determinants of the formation of legal infantilism, its characteristics and manifestations in modern Russia during the historiographical analysis. The sociological method was an important one, it enabled to characterise the subjects - bearers of legal infantilism. General scientific (analysis, synthesis, generalisation, abstraction, historical) and special (historical-legal, interpretation of normative legal acts) methods were used. Results. Legal infantilism is examined as the manifestation of legal conscience deformation being a type of social infantilism. The paper defines the prerequisites for the development of legal infantilism, its distinctive features. It gives examples of manifestation in everyday, professional and scientific activities; and reveals the peculiarities of legal infantilism of the youth as a special social group. The study reveals the need for a comprehensive scientific analysis of legal infantilism as a phenomenon of modern legal reality, as the result of a gap or insufficient systematic assimilation of legal norms and legal values by an individual and a social group. It is proved that legal infantilism is a threat to the progressive development of the state and society, in this regard, in the context of determining the ways to improve the state-legal system of modern Russia, legal infantilism should be considered as a public danger.

Трансформация содержания понятия «правосознание» в условиях специальной военной операции

The article examines in retrospect the essential content of the concept of “legal awareness”. The content of legal awareness highlights and reveals its key aspects. As a result of the analysis of the modern concept, it is proposed to call it “traditional”. The types of legal awareness are highlighted, their content is disclosed, and the historical “bonds” uniting the types into a single legal category are highlighted. In the context of a Special military operation, the objective necessity of transforming the traditional concept of legal awareness by including a sovereign-state aspect in its content is argued. The author’s definition of the “sovereign-state” legal consciousness is formulated.

Judicial relational legal consciousness: authoritarian backsliding as a catalyst of change

Judicial relational legal consciousness: authoritarian backsliding as a catalyst of change

Избирательные правоотношения: правовая природа и роль в системе делегирования власти народом

The article reviews the legal nature and essence of electoral relations, defines their relevance. The author expresses an idea that electoral relations constitute the sphere that combines two key democracy angles: implementation of the mechanism of delegation of power by the people that includes exercising of subjective political rights of citizens and democratic establishment of legitimate public government authorities that are objectively needed for functioning of the state. The role of electoral relations in the system of delegation of power by the people seems to lie in harmonization of these two aspects. The paper notes the importance and timeliness of development of spheres of electoral relations associated with improvement of public control at elections, electronic voting in the online format, enhancement of implementation of the principle of inadmissibility of any foreign impact on the electoral process, provision of opportunity to exercise electoral rights to Russian citizens living or staying in foreign countries, increased role of the Central Election Commission of Russia and the entire system of election commissions in regulation and structuring of mechanisms of the direct rule of the people. The author emphasizes the need for development of personal responsible attitude to delegation of power by the people in the individual and public electoral legal consciousness.

“(…) here I have freedom”—A study of refugees' and asylum seekers' legal consciousness in Greece: Self‐identity, human rights, and expectations from European Union law

AbstractThis paper adds to the existing knowledge on migration and the law by empirically exploring the legal consciousness of 33 refugees and asylum seekers in Greece, more specifically, by discussing how their experiences, self‐identity and expectations of the law inform their reactions to the restrictions imposed upon them. The findings suggest that (1) legal knowledge is acquired in the countries of origin and from contact with smugglers, other migrants, law enforcement agents and staff from NGOs; (2) this knowledge allows them to forge an identity as “rights‐bearers,” which (3) together with perceptions and expectations of human rights law and European Union policies on migration, (4) empower them to claim protection from the Greek state, and (5) legitimizes their actions, even if these sometimes involve subterfuge. Despite their particularly vulnerable positions, refugees and asylum seekers are, therefore, not mere passive receivers of state power, but also try to use the law to overcome adversity, in an almost game‐like fashion.

On the Structure of Constitutional Legal Consciousness in the Aspeсt of Constitutional Identity and Constitutional Distinctiveness

Problem statement. Modern constitutional law requires its comprehension both from the perspective of sustainable social practice and its psychological cognition. In this sense, constitutional legal consciousness becomes an instrument of cognition of constitutional and legal realities, develops and changes them. On the basis of this constitution, constitutional and legal doctrines are formed aimed at strengthening legal principles. The main purpose of such a process lies in the Constitution of the Russian Federation, which guarantees the rights and freedoms of citizens, reflects the values of the state and contributes to their development. At the same time, constitutional legal consciousness as an ideal phenomenon, not directly observed, but an integral part of the modern Russian legal mentality, has a rather complex internal structure. It is presented through legal knowledge, ideas and views that are formed within the framework of constitutional ideology and constitutional psychology. These two elements are closely intertwined, forming a common structure of constitutional legal consciousness. But the study of the structure of constitutional legal consciousness would be incomplete without taking into account mo­dern transformations, the approval of new constitutional ideas and values. It is about the meaning of constitutional identity and constitutional distinctiveness. In modern science, these categories are still under study. Aims and objectives of the research: to analyze and generalize scientific views, approaches to the definition of constitutional psychology and constitutional ideology as constituent elements of constitutional legal consciousness, to develop their own proposals for defining their concepts, to analyze the meaning and role of constitutional identity and constitutional identity in the context of the development of constitutional legal consciousness. Methods: in the process of working on the article, general scientific (analysis, synthesis, generalization) and special (study of law enforcement practice) methods of cognition were used. Results: the concepts of constitutional legal consciousness, constitutional ideology and constitutional psychology are formulated. Some aspects of the importance of the development of constitutional legal consciousness in society are outlined. It is stated that for the further development of constitutional and legal science, it is necessary to stimulate further research on the development of constitutional legal consciousness in the context of a modern rule of law state.

Results of implementation of conciliation procedures in civil proceedings

The overload of courts, as well as the duration of consideration of cases, necessitates the use of alternative dispute resolution measures. This indicates the relevance of improving conciliation procedures in the context of civil proceedings in Kazakhstan. The purpose of the work was to study the specifics of ensuring conciliation procedures in the resolution of civil law disputes. The article used the method of analysis, synthesis, comparison, deduction, generalisation, formal-legal. As a result, the history of the formation of the institute of peaceful settlement of disputes in civil proceedings of the Republic of Kazakhstan was revealed. The system of alternative means of dispute settlement, their advantages, and role in strengthening social relations in the country was expressed. In the work, it was established that the settlement of disputes on the basis of conciliation procedures is consistent with the conceptual approaches to the development of the national legal system in Kazakhstan. It has been established those civil proceedings in Kazakhstan are characterized by simplification and humanisation. As a result of the application of conciliation procedures not only improves the activity of the judicial system, but also increases the level of legal consciousness of the Kazakh people, their trust in the judiciary. Thus, the socio-legal significance of informal and flexible ways of conflict resolution has been proved, which is an important component of civil proceedings in Kazakhstan. In the course of the study, the content of various normative legal acts was studied to reflect the peculiarities of the regulation of the procedure for the settlement of private legal disputes on the basis of conciliation procedures. Particular attention was focused on the provisions of conceptual and strategic documents that enshrine the development of conciliation procedures as one of the key objectives of legal proceedings and the national legal system. The findings of the study can be used in the development of national strategies to enhance the role of judicial mediation in civil proceedings in Kazakhstan

Work after lawful status: formerly undocumented immigrants’ gendered relational legal consciousness and workplace claims-making

AbstractUndocumented status impedes immigrants’ workplace claims to legal rights and better treatment. But what happens when they obtain lawful permanent residency – does the reluctance to make claims in the workplace change? If so, how? Drawing on timeline interviews, I examine changes in the relational legal consciousness and reported workplace claims-making of 98 formerly undocumented Latino immigrants. Most respondents reported increased willingness to engage in, and follow through with, workplace claims. However, gendered differences emerged. Men’s claims largely revolved around wage negotiations, moving to a better paying position, and enforcement of legal rights with an attached monetary value. They were also more likely to frame claims as legal rights. In contrast, women’s claims largely revolved around better work treatment, access to job benefits, and workplace accommodations. They were also more likely to frame claims as moral rights. I explain these outcomes as a function of three relational mechanisms: lawful status being understood relative to experiences being undocumented; gendering in the legalization process; and social ties promoting gendered expectations of lawful permanent residency. My findings highlight the importance of gendered differences in relational legal consciousness and how lived reference points (e.g., prior undocumented experience) inform how legal consciousness changes over time.

The impact of globalisation on constitutional processes in Ukraine: Social consequences of the adaptation of legislation of Ukraine to European standards

The purpose of this study was to examine how globalisation has influenced the transformation of the legal system of Ukraine and to identify the social consequences resulting from the adaptation of national legislation to European standards. The study primarily focused on analysing how the integration of European norms has affected the development of legal consciousness and social interaction in Ukraine and the strengthening of democratic institutions and civil liberties. The study methodology employed includes comparative analysis to juxtapose the legislation of Ukraine with that of the European Union and a systemic approach to assess the complexity of legal integration. The findings indicate that the adaptation to European standards has contributed to enhanced transparency in public administration, improved legal protection for citizens, and a reduction in corruption levels. The study was emphasised that these processes have significantly influenced the development of civil society, increased legal awareness and citizen engagement, and strengthened national identity within the context of integration into global processes. Particular attention was given to issues concerning the social adaptation of the population to new legal realities associated with the adoption and implementation of European norms and standards. A crucial aspect of this study is the investigation of the impact of globalisation on the role of the state in legal regulation and the enhancement of interaction between state institutions and society. The study highlights key aspects of the transformation of constitutional processes under the influence of globalisation trends, particularly with regard to the integration of Ukraine into the European legal framework. It also addresses the social consequences of adapting national legislation to European standards, which have manifested in changes to legal culture, the strengthening of human rights protection mechanisms, and the advancement of democratic institutions