The ratio of institutional and socio-cultural aspects of the effectiveness of law

L. Karnaushenko
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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.
法律效力的制度和社会文化方面的比率
法律是许多不同学科研究的对象。有专门的法律研究,对法律问题的哲学理解,对法律作为一种社会制度的社会学考虑。然而,无论其研究具有理论意义还是应用意义,最终都会影响法律关系的实践。法律作为公共关系的调节者是一种不断发展的实践。这就决定了法律知识的明显的适用性质,同时也更新了法律效力的问题,即法律与法律制度所规定的功能的符合程度。这个问题传统上被归因于成文法的范式,但这种方法是不正确的。事实上,即使在自然法理论层面,我们也看到了改善现行监管体系的愿望。在此基础上,完善法律体系,提高其有效性的问题,是法学知识的核心问题之一。因此,在各个学科的层面上,都有揭示这一问题的发展。在本文中,法律的有效性问题一直被提出,并在分析其两个最重要的因素——法律意识和社会制度状况的框架内得到解决。文章详细阐述了社会制度状态对社会法律和秩序水平的影响。法律意识作为法律规制有效性的一个因素的重要性也被考虑在内。分析了法律意识对社会进程的影响机制,以及不同类型法律态度的形成因素。事实证明,社会的法律福利取决于制度因素和世界观因素的结合。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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