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0AN "IDEAL" MODEL OF LEGAL CONSTRUCTIVE BEHAVIOUR IN THE DEMOCRATIC STATE (BASED ON THE PERCEPTIONS OF STUDENTS, THE ASU LAW FACULTY)
Abstract
The article is devoted to definition of the "Ideal" model legal constructive behavior through the context of the democratic state in the views of participants of educational process by results of sociological research.
Keywords
model of legal behavior, good behavior, law, legal installation
AUTHOR
Bella Aleksandrovna Teobald
Student, Altai State University. 61, Lenina Ave., Barnaul, Altai Krai, 656049, Russia.
E-mail: angel_1997_16@mail.ru
Introduction
1.1. The urgency of the problem
The problem of legal nihilism and legal idealism is one of the typical problems of legal science. The causes of these phenomena: the failure of the administrative apparatus, lack of law awareness between the population, the willingness of people to destroy rules and regulations. Therefore, it seems important to build an ideal model of lawful behavior. This will help to explore ways of overcoming the deviant forms of legal behavior.
1.2. Features of legal culture of Russians
Legal culture plays the major role in society. The legal culture reflects progressive social processes. Progress is associated with the actual creation of legal values; it builds a legal model of behavior, analysis of legislation and legal component of society. Legal culture is the generating component of legal values: statehood, law and order, legal system. In Russia's legal nihilism has deep roots. Even Alexander Herzen noted that the injustice of one half of the laws taught the people to hate the other. Complete inequality before the court has killed people in all respect for the rule of law. Russian by passes or violates the law wherever it can be done with impunity.
Materials and Methods
2.1. Objectives of the study
During the research the following tasks were solved: 1) to identify the characteristics of legal culture of Russians; 2) to study the legal nihilism and legal idealism; 3) create an "Ideal" model of legal constructive behaviour in a democratic state; 4) to develop practical recommendations on overcoming of legal nihilism and legal idealism.
2.2. Methodological Framework
Systematic and logical methods (allowed to reveal the peculiarities of the phenomena), systemic-structural method (to identify the constituent elements of the right of the right nihilism and idealism), questionnaire method (to build the "Ideal" legal model constructive behaviour in a democratic state), ranking method (systematization of the characteristics of lawful behavior), generalization (summarizing research) were involved in general and special methods of research analysis (in the definition of legal nihilism and legal idealism).
2.3. Empirical base
The empirical basis of research conducted in different groups of Altai state University (law faculty) on techniques:
• methodology of qualitative differential adapted by the staff of the
neuropsychiatry Institute. V. M. Bekhterev;
• author's technique ranked number; the author's questionnaire "What is good
behavior?".
Results
3.1. Legal nihilism and legal idealism
Causes of legal nihilism include: ignorance of the laws, regulations, inability to enforce regulations due to certain circumstances, wilful failure to comply with the laws by reason of unreasonableness.
Analysis of sources and literature helped to identify three levels of manifestation of legal nihilism in Russian culture: theoretical, ideological, spiritual. The theoretical level is characterized by the domination of positivism in the domestic theory of state and law. (Semitko,1992). The positivist concept of law acoustilay with a system of laws, set of norms protected by the state. This theory is embodied in the rejection of the natural rights and freedoms of man and citizen. Human rights equate to the establishment of the state embodied in the legislation. This led to the formation of legal consciousness, which in the right norm began to see not a legal conviction, based on the values of freedom, equality, justice, the idea of natural human rights, but only an external rule. (Berdyaev, 1990).
Researchers of legal nihilism note that it is the totality of three components: 1) internal understanding (personally motivated) or recognition (intuitive or experienced confirmed) insolvency law (norms, institutions, industries) as the objective value, 2) personal relationships to the right or proactively position (active or passive), which depends on the level of development and personality and a behavioral incentive, 3) motivated behavior (lawful or unlawful) of the subject, aimed at the achievement of its goals. (Pevtsova,2004).
In line with legal nihilism is the opposite phenomenon - the legal idealism (romanticism). Legal idealism - an exaggeration of a real regulation legal form. This phenomenon is accompanied human civilization for almost all the way of its development. Plato believed that the primary means of his conception of the construction of the ideal state will perfect the laws, published by wise rulers. In the age of Enlightenment was considered sufficient, destroying old laws and make new order in society and state will triumph. Today, many people mistakenly lay the law with too much hope, thinking that
the law can resolve any situation, to resolve various disputes, disagreements, conflicts. (Korelskiy, 2003).
In the legal literature it is stated that doctrine in Russia reflect a range of perspectives - from legal nihilism to legal idealism.
If legal nihilism undervalues law, legal nihilism it overestimates. Both of these phenomena have a uniform soil legal ignorance, deformation and deviation from the norms of legal consciousness, low level of legal culture, education and upbringing. These two extremes collectively will generate terrible consequences, even in spite of their different nature. Legal idealism is more hidden traits of symptoms, compared to legal nihilism, but the implications of any equal to him in strength. Legal nihilism is extremely destructive in its consequences. Therefore, focusing on the struggle against legal nihilism, we should not forget about the opposite phenomenon - the legal idealism (romanticism).
To lay on the right illusion it is impossible - it has no global Ecumenical temper. You should not demand more from law than it can give. Must be treated adequately by law, not extolling and not disparaging it.
Globalization is a fertile ground to strengthen, spread and eradication of legal nihilism and legal idealism. Promotion of unified stamps, curb national, national, linguistic identity, erasing the distinctive features caused human apathy and aggression to the system. People begin to resist, to defend, to ignore the laws, acts, there is a tendency to break the law in one word is generated legal nihilism. Spreading the idea of the power of globalization in the resolution of pressing issues, a decisive factor in the resolution of complex human problems, is made legal idealism. (Sorokin,2010).
3.2. An empirical study of the "Ideal" model legal constructive behaviour in a democratic state
The combination of personal qualities shapes the way legitimate citizen in the views of different social groups. The analysis of works of V. V. Oksamytova, M. N. Marchenko, V. V. Turquoise, M. V. Oriha identified the main qualities of lawful behavior: social utility, mass manifestation, consciousness, activity execution law requirements.
To determine the "ideal" model of lawful behavior in this research questionnaire was made. The questionnaire contained closed questions, semi-closed and open type. Both direct and indirect formulations of questions were used. General population is the students of ASU law school. The characteristics of sample: age, specialty. We surveyed a total of 567 respondents (students of 1 course - 130 people; ; students of 2 courses - 260 people; students of 3 courses - 90 people; students of 4 courses - 87 people).
Using the author's method, four groups were asked to rank the key qualities, traits, lawful behavior required for enabling operation of the legal system and society. Based on these data, drawn from the ranks of the ranked qualities of lawful behavior with the division into dominant and peripheral.
Diagram 1, 2
Diagram 3, 4
Diagram 5, 6
Ranked number dominant qualities of lawful behavior in the view of 2nd year students
Ranked number of peripheral qualities of lawful behavior in the view of 2nd year students
I Dominant qualifies
the ability to use the
knowledge of the laws
responsibility
cultural and mora
voluntary
organization
justice
consciousness
motivation
activity
Diagram 7, 8
After analyzing dominant qualities, it is revealed that the students of all four courses is considered paramount, knowledge of existing laws and the ability to exercise their rights and responsibilities. The leading positions were held for them and the responsibility and voluntariness in the execution of the laws. In the first series of push and self-discipline, cultural and moral foundations of consciousness. Moreover, fairness and motivation are among the top five qualities only 1st year students, the rest of these figures are the average value. All respondents to the last place determine the mass and activity. Talking about the peripheral features of lawful behavior, it should be noted that the students of 2,3 courses of moral purity is in the first place, course 1 - second, and 4th year - the last one. Leading positions the students take courses of 1.4 kindness and life experience, for courses 2,3 - ritual.
Ideas about lawful behavior require special study and subsequent integration. The method of generalization is composed of the array of dominant and peripheral qualities of lawful behavior in view of all of the survey participants. Dominant: knowledge of existing laws, the ability to exercise their rights and duties, responsibility, voluntariness in the execution of the laws, cultural and moral Foundation, discipline, conscientiousness, fairness, motivation, mass, activity. Peripheral: moral purity, benevolence, ritual, life experience, kindness, modesty.
129 Modern European Researches No 1 / 2017 Diagram 9, 10
Ranked number dominant qualities of lawful behavior in the view of 2nd year students
Ranked number of peripheral qualities of lawful behavior in the view of 2nd year students
According to the method of quality differential, focusing on peripheral quality, a certain degree of severity in lawful behavior. To this end, the process of the survey, respondents had the opportunity to express their opinion on the matter.
Diagram 11. The severity of peripheral qualities in lawful behavior in the perceptions of students of 1 course
¡Feature (-) 3 2 10 1 2 3 Feature (+)
Unattractive Charming
Weak ▲ Strong
Silent A Talkative
Irresponsible A Fair
Compliant Stubborn
Closed ▲ Outdoor
Selfish Good
Dependent ▲ Independent
Passive Active
Stale Responsive
Indecisive Strong
Sluggish A Energetic
Unfair A Fair
Relaxed ▲ Busy
Calm ▲ Fussy
Hostile Friendly
Unsure A Confident
Unsociable A Sociable
Insincere A Honest
Dependent A Independent
Diagram 12. The severity of peripheral qualities in lawful behavior in the perceptions of students of 2 course
Feature (-) 3 2 1 0 1 2 3 Feature o (+)
Unattractive A Charming
Weak A Strong
Silent Talkative
Irresponsible Fair
Compliant A Stubborn
Closed A Outdoor
Selfish A Good
Dependent Independent
Passive Active
Stale Responsive
Indecisive A Strong
Sluggish Energetic
Unfair Fair
Relaxed A Busy
Calm A Fussy
Hostile A Friendly
Unsure Confident
Unsociable A Sociable
Insincere Honest
Dependent A Independent
Diagram 13. The severity of peripheral qualities in lawful behavior in the perceptions of students of 3 course
¡Feature (-) 3 2 1 0 1 2 3 Feature (+)
Unattractive A Charming
Weak A Strong
Silent A Talkative
Irresponsible A Fair
Compliant A Stubborn
Closed A Outdoor
Selfish A Good
Dependent A Independent
Passive A Active
Stale Responsive
Indecisive Strong
Sluggish Energetic
Unfair A Fair
Relaxed Busy
Calm ▲ Fussy
Hostile A Friendly
Unsure A Confident
Unsociable A Sociable
Insincere A Honest
Dependent A Independent
Diagram 14. The severity of peripheral qualities in lawful behavior in the perceptions of students of 4 course
¡Feature (-) 3 2 1 0 1 2 3 Feature (+)
Unattractive ▲ Charming
Weak Strong
Silent A Talkative
Irresponsible A Fair
Compliant ▲ Stubborn
Closed Outdoor
Selfish Good
Dependent A Independent
Passive ▲ Active
Stale Responsive
Indecisive A Strong
Sluggish A Energetic
Unfair Fair
Relaxed ▲ Busy
Calm Fussy
Hostile Friendly
Unsure Confident
Unsociable A Sociable
Insincere A Honest
Dependent A Independent
After analyzing the results, highlighted common features among the most pronounced qualities were reflected: honesty, activity, determination, energy, justice, friendliness, confidence and honesty. All respondents determine weakly expressed or not expressed at all compliance/obstinacy, weakness, tension. But some other indicators disagree. 3rd year students placed a higher value on openness. 4th year students in a less pronounced extent, the kindness, the students of 1,2,3 courses. Sociability more importance is attached to students of 2,3 courses. More autonomy is appreciated by students of the 3rd course, of less importance it is given by 4th year students. And reduce to the minimum this indicator is students 1, 2 courses. In respect of equanimity opinions also differ: students of 1.2 courses I think this position is ambiguous, a little more importance attached to it by the 4th year students, and the largest compared to the others, - 3rd year students.
132 Modern European Researches No 1 / 2017 Diagram 15. The severity of peripheral qualities in lawful behavior
¡Feature (-) 3 2 10 1 2 3 Feature (+)
Unattractive ▲ Charming
Weak A Strong
Silent A Talkative
Irresponsible A Fair
Compliant ▲ Stubborn
Closed A Outdoor
Selfish A Good
Dependent A Independent
Passive ▲ Active
Stale A Responsive
Indecisive ▲ Strong
Sluggish A Energetic
Unfair A Fair
Relaxed ▲ Busy
Calm Fussy
Hostile A Friendly
Unsure A Confident
Unsociable A Sociable
Insincere ▲ Honest
Dependent A Independent
Conclusion
4.1. The "Ideal" model legal constructive behaviour in a democratic state
Based on the results of the study, defined the "Ideal" model legal constructive behaviour in a democratic state, which includes:
Installation: good behavior - is a behavior not prohibited by legal regulations; useful activity, directed to satisfaction of the state and legal, public and personal interests.
Fundamental qualities: a) the Most obvious: knowledge of the existing laws, the ability to exercise their rights and duties, responsibility, voluntariness in the execution of the laws, cultural and moral foundations; b) mild activity, mass.
Personal qualities: a) the Most obvious: honesty, openness, kindness, activity, determination, vigor, friendliness, sociability, integrity and independence; b) mild: tension/ relaxation, compliance/ obstinacy.
133 Modern European Researches No 1 / 2017 Diagram 16. The "Ideal" model legal constructive behaviour in a democratic state
4.2. Practical recommendations aimed at increasing the level of legal culture
1. To enhance the legal education of youth through legal education, adequate propaganda. It is in this age period the process of the formation of the value - orientation of the system, the moral - cultural foundations of legal systems.
2. To eradicate the ancient tradition of the Russian population to flout the law, based on the positive examples of the practice of law.
3. To improve the work of law enforcement.
4. To increase the authority of the government . To create an image of a strong government, able to act on the basis of law and for the benefit of society.
5. To stop the war of laws at all levels of the legislature. Laws be made in accordance with Constitutiei and form a hierarchy according to their legal force.
6. To create a legal complex for the overcoming of legal nihilism and legal idealism.
7. Strengthen the right to religion and morality. To dilute the overly regulated and formalism moral and ethical principles.
Discussion
The nature and content of legal nihilism found in works by V. S. Harutyunyan, N. In. Varlamova, R. N. Donchenko, N. And. Matuzov, Molochnoy B. A., R.N. Pavelyev, S. A. Sinn, L. S. Frank, O. Spengler.
Different facets of deviant behavior was seen in the revolutionary work of prominent theorists of law N.M. Korkunova, P. I. Novgorodtsev, L. Petrazhitsky, B. N. Chicherina. Despite the diversity of the range of views of the data of Russian scientists, they are United in one thing: the denial of rights and lack of faith in the law - the main feature of the Russian people.
A great contribution to the study of the problems of nihilism has made domestic philosophers and writers, such as N.. Berdyaev, N. With. Bulgakov, F. Dostoevsky, L. Yu. Kiryushin, V. V. Sorokin.
Scientific novelty of research consists in the analysis of the participants of the educational process, Altai state University (law faculty) on legitimate behavior according
to the results of the author's questionnaire "What is good behavior?". The definition of "Ideal" legal model constructive behavior in the context of a democratic state in the views of participants of educational process by results of sociological research.
Legal nihilism and legal idealism phenomenon should be combated and overcome. Deformed against the right of questioning the existing socio - legal system. To combat these legal disabilities requires a systematic approach. Legal education and training affect human consciousness. Legal training has the objective of advocacy of human exposure, and legal education affects the ideological side of consciousness.
Recommendations
Dunn's work can be used in the development of practical recommendations on overcoming of legal nihilism and legal idealism.
REFERENCES
Berdyaev, N.(1990) The new middle ages . Moscow : Phoenix. p. 84.
Korelskiy, V. M. (2003) Theory of state and law: textbook for high schools. Moscow: Publishing house NORMA. p. 604.
Pevtsova, E. A. (2004) Definitive Modern approaches to legal culture and legal consciousness . Moscow : Publishing house Norma. 2. p. 70-81.
Semitko, A. P. (1992) Russian legal culture: mythological and socio - economic origins and background / State and law. Moscow: Izd-vo Nauka. 10. p. 108-113.
Sorokin, V.V. (2010) Russian legal culture as an alternative to the ideology of globalism: Intercollegiate proceedings. Barnaul : publishing house of Altai state University.
