律师的理论法律意识与职业法律意识的关系及其对社会的意义

A. А. Shelyh
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A striking example is the legislator’s appeal in the process of rule-making to the basic dogmas of law and morality, to the ideas of natural law, and in the event of conflicts – to various scientifically sound ways to solve them. In addition, in Ukraine it should become a rule for deputies to seek advice from the country’s leading scientists to ensure the effectiveness of rule-making. However, deputies usually do this infrequently or do not take into account the opinions of reputable scholars, which has a negative impact on the state of Ukrainian legislation. In order to understand the value of a scientist’s opinion, it is necessary to find out the features of scientific legal consciousness. Scientific legal consciousness is a set of ideas, concepts, views that reflect a systematic, theoretical knowledge of law.\n\nThe legal consciousness of a scientist, in contrast to the everyday legal consciousness of a citizen, is formed through a deep and thorough study of socio-legal reality. Legal awareness of legal scholars is formed on the basis of purposeful research using special methods of cognition, which provide for the establishment of truth as a result of systematization, generalization of the obtained reliable facts relating to legal reality.\n\nThe complexity of doctrinal legal consciousness is due to its versatility, because this type of legal consciousness is characterized by a synthesis of elements of political, moral, religious and economic consciousness. It is also important to remember that doctrine is recognized as a source of law and therefore creates a legal relationship. Therefore, scholars face an important and responsible task - to form a high-quality, meaningful and effective doctrine that will be an important source of law and which will prevent the formalization of law and its «death».\n\nAttention is paid to the complexity of lawyers. In particular, it is the presence of high requirements for his business and moral qualities. Knowledge of social norms, stable immunity to legal nihilism and immorality, upbringing, excluding motives of personal impartiality, subjectivism, abuse of power or official position, a morally stable person – these are the main qualities of the character of lawyers.\n\nThe main means of forming legal awareness of lawyers include legal education and legal education. After all, these tools are the primary (basic) elements of the mechanism of formation of legal awareness in future professionals in the field of law, whose action is aimed at developing legal competence, which provides an integrated ability to fully implement in practice knowledge, methods, experience of lawful behavior, legal values models of legal behavior. Of course, neither legal education nor legal education covers the whole complex of formation of individual legal consciousness of a lawyer, but they are determining factors in this process.\n\nThe main functions of this type of legal consciousness are studied. These include: cognitive, aimed at obtaining legal knowledge, information about current legislation and the specifics of its application in practice, evaluation, which is implemented through the assessment legally significant events, phenomena, circumstances and documents, as well as comparing them with accepted values and norms in society; regulatory, allows you to form a mechanism for regulating behavior or action, taking into account the legal framework.\n\nThe correlation of these types of legal consciousness is determined, firstly, doctrinal legal consciousness has a constructive character, as opposed to professional legal consciousness, which is normative. It is important that in each of the types the dominant property is not combined with similar properties characteristic of other types of legal consciousness.\n\nSecondly, the main element of doctrinal legal consciousness is the conceptual idea, and professional legal consciousness is the norm. 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Scholars fill law with meaning, forming legal ideology, and lawyers in practice implement the dogmas of law and in the process of professional activity identify new issues to be studied and solved by scientists, creating an effective mechanism that improves with the emergence of new types and areas of public relations.\n\nKeywords: legal awareness, professions on legal awareness of a lawyer, society.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"87 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Doctrinal legal consciousness and professional legal consciousness of a lawyer: the relationship and significance for society\",\"authors\":\"A. А. 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引用次数: 0

摘要

重点是法律学者和法律从业者的法律意识。然而,在我们开始考虑这些类型的法律意识的特征之前,我们需要澄清法律意识的概念,这是我们研究的基石。请注意,对这个概念的研究有着悠久的历史,可以追溯到古代。哲学家和后来的科学家试图定义法律意识的现象。正是法律意识观念形成的漫长历史过程,导致了这一范畴的许多不同定义的存在。首先,必须重视这种法律意识的重要性,因为法律主义在立法和执法过程中起着关键作用。一个显著的例子是立法者在制定规则的过程中诉诸法律和道德的基本教条,诉诸自然法的思想,并在发生冲突时诉诸各种科学合理的方法来解决这些问题。此外,在乌克兰,代表们向该国顶尖科学家征求意见应该成为一项规定,以确保制定规则的有效性。然而,代表们通常很少这样做,或者不考虑知名学者的意见,这对乌克兰的立法状况产生了负面影响。要理解科学家意见的价值,就必须弄清科学法律意识的特征。科学的法律意识是一套反映系统的、理论的法律知识的思想、概念和观点。与普通公民的日常法律意识不同,科学家的法律意识是通过对社会法律现实的深入研究而形成的。法律学者的法律意识是在运用特殊的认知方法进行有目的的研究的基础上形成的,它将所获得的与法律现实有关的可靠事实系统化、普遍化,从而规定真理的确立。教义性法律意识的复杂性是由于它的多功能性,因为这种类型的法律意识的特点是综合了政治、道德、宗教和经济意识的因素。同样重要的是要记住,理论被认为是法律的来源,因此创造了一种法律关系。因此,学者们面临着一项重要而负责任的任务——形成一种高质量、有意义和有效的学说,这种学说将成为法律的重要来源,并将防止法律的形式化及其“死亡”。人们注意到律师的复杂性。特别是,它的存在对他的商业和道德素质提出了很高的要求。对社会规范的了解,对法律虚无主义和不道德行为的稳定免疫力,教养,排除个人公正、主观主义、滥用权力或官职的动机,一个道德稳定的人——这些是律师性格的主要品质。律师法律意识形成的主要手段包括法律教育和法律教育。毕竟,这些工具是未来法律领域专业人员法律意识形成机制的主要(基本)要素,他们的行动旨在发展法律能力,这提供了在实践中充分实施法律行为的知识、方法、经验、法律价值和法律行为模式的综合能力。当然,法律教育和法律教育都不能涵盖律师个人法律意识形成的整个复杂过程,但它们都是这个过程中的决定因素。研究了这种法律意识的主要功能。这些包括:认知,旨在获得法律知识,有关现行立法及其在实践中应用的具体情况的信息;评价,通过评估具有法律意义的事件、现象、情况和文件,并将其与社会公认的价值观和规范进行比较来实施;监管,允许你形成一种机制来规范行为或行动,同时考虑到法律框架。这些类型的法律意识的相关性是确定的,首先,理论法律意识具有建设性,而专业法律意识具有规范性。重要的是,在每一种类型中,主导属性都没有与其他类型的法律意识特征的类似属性相结合。其次,理论法律意识的主体是观念观念,职业法律意识是规范。第三,对法律的理解,无论其类型如何,都只存在于理论的法律意识中。反过来,职业法律意识又以法律知识为特征。 第四,所比较的法律意识类型在起主导作用的机制上存在差异:教义性法律意识起主导作用的是信仰机制,专业性法律意识起主导作用的是意识形态机制。应该看到,只有法律学者和法律实践者的法律意识密切互动,才有可能实现我国法律制度的发展和完善。学者赋予法律意义,形成法律思想,律师在实践中践行法律教条,在专业活动过程中发现需要科学家研究和解决的新问题,形成了一种有效的机制,这种机制随着公共关系新类型和新领域的出现而不断完善。关键词:法律意识,律师法律意识专业,社会。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Doctrinal legal consciousness and professional legal consciousness of a lawyer: the relationship and significance for society
The focus is on the legal awareness of legal scholars and legal practitioners. However, before we begin to consider the features of these types of legal consciousness, we need to clarify the concept of legal awareness, which is the cornerstone of our study. Note that the study of this concept has a long history, dating back to antiquity. Philosophers, and later scientists, tried to define the phenomenon of legal consciousness. It is the long historical process of forming ideas about legal consciousness that has led to the existence of many different definitions of this category. First of all, it is necessary to pay attention to the importance of this type of legal awareness, because legal doctrine plays a key role in the process of lawmaking and law enforcement. A striking example is the legislator’s appeal in the process of rule-making to the basic dogmas of law and morality, to the ideas of natural law, and in the event of conflicts – to various scientifically sound ways to solve them. In addition, in Ukraine it should become a rule for deputies to seek advice from the country’s leading scientists to ensure the effectiveness of rule-making. However, deputies usually do this infrequently or do not take into account the opinions of reputable scholars, which has a negative impact on the state of Ukrainian legislation. In order to understand the value of a scientist’s opinion, it is necessary to find out the features of scientific legal consciousness. Scientific legal consciousness is a set of ideas, concepts, views that reflect a systematic, theoretical knowledge of law. The legal consciousness of a scientist, in contrast to the everyday legal consciousness of a citizen, is formed through a deep and thorough study of socio-legal reality. Legal awareness of legal scholars is formed on the basis of purposeful research using special methods of cognition, which provide for the establishment of truth as a result of systematization, generalization of the obtained reliable facts relating to legal reality. The complexity of doctrinal legal consciousness is due to its versatility, because this type of legal consciousness is characterized by a synthesis of elements of political, moral, religious and economic consciousness. It is also important to remember that doctrine is recognized as a source of law and therefore creates a legal relationship. Therefore, scholars face an important and responsible task - to form a high-quality, meaningful and effective doctrine that will be an important source of law and which will prevent the formalization of law and its «death». Attention is paid to the complexity of lawyers. In particular, it is the presence of high requirements for his business and moral qualities. Knowledge of social norms, stable immunity to legal nihilism and immorality, upbringing, excluding motives of personal impartiality, subjectivism, abuse of power or official position, a morally stable person – these are the main qualities of the character of lawyers. The main means of forming legal awareness of lawyers include legal education and legal education. After all, these tools are the primary (basic) elements of the mechanism of formation of legal awareness in future professionals in the field of law, whose action is aimed at developing legal competence, which provides an integrated ability to fully implement in practice knowledge, methods, experience of lawful behavior, legal values models of legal behavior. Of course, neither legal education nor legal education covers the whole complex of formation of individual legal consciousness of a lawyer, but they are determining factors in this process. The main functions of this type of legal consciousness are studied. These include: cognitive, aimed at obtaining legal knowledge, information about current legislation and the specifics of its application in practice, evaluation, which is implemented through the assessment legally significant events, phenomena, circumstances and documents, as well as comparing them with accepted values and norms in society; regulatory, allows you to form a mechanism for regulating behavior or action, taking into account the legal framework. The correlation of these types of legal consciousness is determined, firstly, doctrinal legal consciousness has a constructive character, as opposed to professional legal consciousness, which is normative. It is important that in each of the types the dominant property is not combined with similar properties characteristic of other types of legal consciousness. Secondly, the main element of doctrinal legal consciousness is the conceptual idea, and professional legal consciousness is the norm. Third, the understanding of law, regardless of its type, is inherent only in doctrinal legal consciousness. In turn, professional legal awareness is characterized by legal knowledge. Fourth, the compared types of legal consciousness differ in the dominant mechanisms of action: in doctrinal legal consciousness the mechanism of faith dominates, in professional legal consciousness – the mechanism of ideology. It should be noted that only in the close interaction of legal awareness of legal scholars and legal practitioners is it possible to achieve the development and improvement of our legal system. Scholars fill law with meaning, forming legal ideology, and lawyers in practice implement the dogmas of law and in the process of professional activity identify new issues to be studied and solved by scientists, creating an effective mechanism that improves with the emergence of new types and areas of public relations. Keywords: legal awareness, professions on legal awareness of a lawyer, society.
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