DOI: 10.25136/2409-7144.2019.11.31011

Abstract:  The goal of this work is the philosophical-culturological analysis of individual categories of legal consciousness comprising the arsenal of the modern representations on law as a system of positive descriptions and prescriptions; as well as the determination of irrational components that fall under the value fundamentals of individual legal provisions and norms. The subject of this research is the legal consciousness of the representatives of legal professions, including “self-representation” (lawyer),  categories of “justice”, “morality”, “professional worth”, and peculiarly “legal consciousness” and “legal culture”. Categorical analysis of the aforementioned concepts demonstrates the high level of their mythologization. The research method of these dynamic structures of legal consciousness of a lawyer became the comparative analysis, based on the dynamic approach towards understanding of values, principles of historicism and scientific objectiveness; as well as the method of saturated interpretation. The scientific novelty is defined by the acquired conclusion on the presence in the indicated components of an essential mythological element, which may disorient the practically oriented specialist. The specificity of the Russian legal consciousness serves the existence of the extralegal social regulators and operation in assessing legal violations accordant to the concepts of “common sense”, “conscience” and “morality”, which finds reflection in the various codes of professional ethics (investigator, lawyer, etc.). The main result of this work lies in identification of the dependence of emotions of an individual, expressed using the category of “justice”, on the cognitive element of mass legal consciousness. Uncritical attitude to “legal myths”, manifesting as indestructible foundation of legal order, may lead to undesirable social consequences, determine the various forms of delinquent and deviant behavior, legal nihilism, anomy , etc.; as well as result in professional deformation.

DOI: 10.25136/2409-8728.2019.9.31009

Abstract: The goal of this work is to establish the specificity of the “diffusion of values” in modern global world on the example of the phenomenon that received conventional name of “mythologization of law”. The subject of this research is the transformation process of value foundation of legal consciousness, substantiated on the one hand, by gradual increase of the role of custom in law enforcement practice, and on the other – by emergence of the model of “global law” that ensures humanity with a set of unified norms, which unlike the norms of international law, feature enforcement sustained by the power of the state. The research method became the philosophical comparativism, which allows analyzing heterogenic occurrences within the framework of the general frames of the myth (custom and/or mythologem of “global law”) and logos (positive law), basing on the positions of acknowledgement of cultural diversity and irreducibility to each other. The scientific novelty consists in clarification of the “paradoxes of law enforcement” in terms of “mythological” interpretations of the law of two types – custom law and universal norm of law; as well as in substantiation of interrelation between the legal “universalities” of global world and national legal systems. A hypothesis is verified, according to which the value “negatives” of law manifest depending on the historically specific sociocultural foundations, and on the institutional mechanism sustaining their action. A huge role continues to play the national state, with the developed system of mechanisms for ensuring functionality of its legal system comparing to other agents of law (network actors, international nongovernmental organizations, etc.). The drawn conclusions lie in clarification of the specificity of “mythologization of law” in modern society, which allows determining the boundaries of permissible interpretations of the “universal human values” and “custom norms” as aligned with the boundaries of the established national legal systems.