THE RESEARCH OF LEGAL AWARENESS IN WESTERN SOCIOCULTURAL DISCOURSE: THEORETICAL AND METHODOLOGICAL BASICS
( Pp. 30-38)
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Kuriukin Andrey N.
Cand. Sci. (Polit.); senior researcher, Center of Complex Social Research
Institute of Sociology – Branch of the Federal Center of Theoretical and Applied Sociology of the Russian Academy of Sciences
Moscow, Russian Federation
Institute of Sociology – Branch of the Federal Center of Theoretical and Applied Sociology of the Russian Academy of Sciences
Moscow, Russian Federation
Abstract:
At the present stage, the development of the sciences and their branches, which make it possible to form an adequate idea of the person, his consciousness, the causes of his behavior and actions, has gone far beyond psychology. Beginning in the mid-1970s, one of the problems studied by sociologists and culturologists was «legal awareness». The initiator of such a study became P. Podgorododetsky in the western sociocultural discourse, who stated that an exceptionally complex approach to the study of this complex phenomenon that transcends the narrowly psychological or legalistic can give us an adequate picture not only of the legal section of a person's consciousness but also of his behavior and activities in the social and legal reality. Over the past 40 years, a vast theoretical and applied research baggage has been accumulated in a foreign (English-speaking) social science discourse of legal consciousness research. It is the main task of this article to familiarize Russian researchers with it. Solving its author conducted an independent study, which included more than 70 sources in English, German and French, which are summarized in the text of the article. According to the results of the generalization, it becomes clear that, having passed the long path of development, the socio-cultural paradigm came to the conclusion that the archetypes of legal culture that are inherent in this class, stratum or group and which manifest themselves in a particular individual play an important role in the formation and functioning of the human rights consciousness. At the same time, the realization of the sense of justice outside is situationally conditioned. The article expounds the scope of sociocultural theories in terms of legal awareness and law, introduces into the domestic circulation actual foreign sources that were not previously translated into Russian, can be used to further improve the theory and practice of sociological and cultural studies in the field of law and law enforcement, training of personnel and assets , optimization of legislative activity and work of state bodies of Russia. The article is aimed at specialists of philosophers, sociologists and lawyers, which conduct researches in the field of theoretical and applied jurisprudence, as well as students receiving education in these specializations.
How to Cite:
Kuriukin A.N., (2018), THE RESEARCH OF LEGAL AWARENESS IN WESTERN SOCIOCULTURAL DISCOURSE: THEORETICAL AND METHODOLOGICAL BASICS. Sociopolitical Sciences, 2 => 30-38.
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Canadian Bar Association. Reading the Legal World: Literacy and Justice in Canada. Ottawa: Canadian Bar Association, 2002.
Chambliss W., Seidman R. Law, Order, and Power. 3rd ed. Addison-Wesley, Reading, MA, 2002.
Conley J. M., O Barr W. M. Rules Versus Relationships: The Ethnography of Legal Discourse. University of Chicago Press, Chicago, IL, 2000. - 222 p.
Cotterrell R. The concept of legal culture. In: Nelken D (ed.) Comparing Legal Cultures. Dartmouth, Brookfield, VT, 1997, pp. 13-32
Durkheim Emile The Division of Labour in Society. transl. Simpson. Free Press, New York, 1964. - 416 r.
Friedman L.M. The Legal System: A Social Science Perspective. Russell Sage Foundation, New York, 1975. - 346 r.
Hertogh Marc Living Law. Hart Publishing, 2009. - 292 r.
Kourilsky-Augeven S. (ed.) Socialisation Juridique et Conscience du Droit: Attitudes Indwiduelles, Modeles Culturels et Changement Social. Paris, Reseau Europeen Droit et Societe, 2007. - 271 p.
Lofland, John, Lyn H. Lofland Analyzing Social Settings: A Guide to Qualitative Observation and Analysis. 2nd ed. Belmont, CA: Wadsworth, 2007.
McCann, Michael W. Review of The Common Place of Law: Stories from Everyday Life, by P. Ewick S. S. Silbey // American J. of Sociology, 1999, 105, rr. 238-247.
McCann, Michael W., Tracey March Law and Everyday Forms of Resistance: A Socio-Political Assessment // Studies in Law, Politics Society, 1996, 15, rr. 207-236.
Podgorecki A. Legal Consciousness as a Research Problem. In: Blegvad BM., Campbell C.M., Schuyt C.J. (eds.) European Yearbook in Law and Sociology 1977, rr. 87-97.
Rheinstein M. Max Weber on Law and Economy in Society. Harvard University Press. 1954. - 363 r.
Keywords:
right, consciousness, awareness, society, culture, discourse, socio-cultural discourse, enforcement, research paradigm.