Гуманитарный вектор (Jul 2020)
Legal Culture in the Mirror of Modern Social Philosophy of the West
Abstract
The relevance of the research is due to the need to study the views of modern Western scientists on legal culture in the context of increasing civilizational and socio-cultural contradictions. These socio-philosophical and legal-theoretical concepts have not been the subject of scientific research in our country, which determines the novelty of the work, the main research problem of which is the need to study socio-philosophical and legal-theoretical views on the phenomenon of legal culture. The purpose of the research is to analyze the views of prominent cultural theorists and social philosophers of the West (L. Friedman, M. Damask, etc.). It is specified in solving the following tasks: 1) to consider the variety of interpretations of legal culture; 2) to consider the understanding of the impact of legal culture on the work of legal and political systems. The methodology of this research includes the method of historical parallels as a modification of the socio-philosophical method of analogies, the comparative legal method and the genetic and comparative approaches used in the philosophy of culture and cultural studies. The article analyzes the views of modern Western thinkers on the problems of legal culture: 1) the main interpretations, diversity and areas of application of legal culture are identified; 2) the impact of legal culture on the functioning of legal systems is shown. Legal culture is a set of many legal cultures, and a specific legal culture is associated with a certain mentality of a particular social group. L. Friedman offered a detailed description of the impact of legal culture on the work of legal systems. Social forces create an incentive for change, but do not directly affect the legal system. Interests turn into requirements, and requirements should be formulated as tasks of the legal system for the production of legal acts. The legal culture ensures or allows for the translation of interests into social requirements by means of attitudes expressed in the legal culture that contribute to the formation of social and political requirements. The legal culture determines the way the legal system responds to these requirements.
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