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Legal literacy
French bourgeois revolution was the most important and decisive factor in the transformation of the French state in the XIX century.
We have highlighted three ofthe most important aspects of the transformation of the socio-political and legal views on the state in France in this period. The first is that the idea of the state makes it possible to formulate and practically organize a “general field" in a society. This approach shifts the focus from the state as an institution ofpolitical practice (i. e., the state in the narrow sense ofthe word), to the state as an idea, to the perception ofit as a problem, and as a project.
The second aspect involves the implementation ofa historical continuity. Thinkers of a revolutionary France did not put forward as an example the device of neighboring states. Accordingly, it becomes unacceptable conclusion on the possibility of automatic transfer of abstractly designed model of state from one social environment to another.
The third aspect, important for understanding the transformation of the French state in the 19th century, is emphasis on the moral functions of the state, because the main purpose of the state is not just a collective accommodation arising from the needs and benefits of marriage, but also the production of people gathered in the State, and activities aimed to the good.
As a result of revolutionary changes in France that took place over the past two centuries a law state had
been formed, which was based on the principles of popular sovereignty, respect for human rights and freedoms by the state, parliamentary democracy, the rule of the constitution in relation to all other laws and regulations, the separation of powers and the institute of responsibility of the authorities as the institutional framework of law, independence of the judiciary, respect for the obligations undertaken by the State in international relations.
The history of France in the XIX century is characterized by frequent changes of forms of government. The First Republic (1792-1804) existed 12 years; The Second Republic (1848-1852) — 4 years; The Third Republic (1870-1940) — 70 years; The Fourth Republic (1946-1958) — 12 years; The Fifth Republic exists till today. Constitutional monarchy of Louis Philippe was replaced by the Second Republic 1848-1851, which in its turn was abolished by the Second Empire of Napoleon III in 1852-1870. With the proclamation of the Third Republic in France in 1870 and the adoption of its constitution the country entered a long period of relatively state and legal stability. Stable political institutions were established, including bicameralism, implemented for the first time in the Constitution of 1795; single Presidency, established by the Constitution in 1848, the State Council, attached by the Constitution in 1799, a rich state-legal framework was accumulated.
References:
1. Документы истории Великой французской революции. Учебное пособие для студентов ВУЗов. - Москва, 1990-1992.
2. Ревуненков В. Г. Очерки по истории Великой Французской революции: 1789-1814. - СПб., 1996.
3. Манфред А. З. Великая французская революция. - М., 1983.
4. Фалыпина H. A. От парламентской к полупрезидентской республике: опыт Франции (III-V республики): диссертация ... кандидата юридических наук: 12.00.01. - Ростов-на-Дону, 2007.
5. Беляков В. Г. Высшие органы власти и управления Франции в последней четверти XIX века: диссер. ... кандидата юридических наук: 12.00.01. - Ленинград, 1984.
6. Галанза П. Н. Буржуазное государство и право Франции (периода революции 1789 года).//История государства и права. - М.,1951. - Т. 2.
Karataeva Aygul Muratbaevna, Candidate of Jurisprudence, Associate Professor of Department of the Theory and History of State and Law, Constitutional and Administrative Law, Law Faculty, Al-Faraby KazNU E-mail: karataeva_80@mail.ru
Legal literacy
Abstract: The paper considers the substantive part of the legal culture. Also in the paper comprehensively researched to the legal literacy. The main conclusions and points the author may be used in the formation and development of legal culture, to increase the legal awareness and legal education of Kazakh society.
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Section 2. Science of law
Keywords: culture, civilization, legal culture, legal civilization, legal education, government, public authority, the state’s activity.
The theory of the constitutional state is based on advantage of the law and its regulation of social life. This role is more important than just respect the law and comprehensive. What is the ratio of people in relation to the law, even ifthe latter is the key for them in any case? A variety of different conditions and all legal relations of the law not only set our regulations do not allow it, and, through this, “the general rules of the game" are developed.
The purpose of the study of the phenomenon of socialization of the individual in society is the study of how personality is formed. Socialization is not determined only on the individual’s ability and the ability to access the public, as well as the integrity of the society, upgrade potential, development, respectively, to survive.
Psychology, anthropology and sociology, socialization is studying three subjects. Psychologists focused on the structure of the person or entity identification [1].
Anthropologists consider the phenomenon of a certain culture of socialization, the same set of values of the latter, “thinking, feeling, and action methods”, the accepted norms of the people of the spectrum is considered. These general rules given to the society to ensure the integrity and stability of the society [2].
Sociologists and anthropologists consider the point of view of society, such as socialization. In particular, the role played by individuals or institutions as socialization agents of norms transmission, in terms of the model is better. Entities to teach the social roles of socialization or social skills they will accept the terms of[3].
Legal -complex process ofsocialization. Some jurists, anthropologists who are engaged in studying of institute of norms and legal system, them.....Legal action is re-
quired provisions are formed for the peaceful method [4].
Exposes all other lawyers of legal action by the authorities of the order, determined by the claim say. Anyone not to obey the law under the pretext of ignorance is not allowed. Legal Protection of the Rights of every person to know, however, allows you to [5].
Imperative and dispositive legal norms have two aspects that affect the formation of the legal culture of society. However, the diversity of the law and that will not change under the influence of aspects. Study the repressive measures of criminal law and legal culture is not only a model of justice, civil rights, responsibilities and opportunities involved in the movement.
Legal culture is a basic right to know. The problem of illegal access to a variety ofpeople from different coun-
tries and research is being conducted. Thus, in the seventies in the Soviet Union and the countries of the European studies were carried out to know the right. Then the Polish research in the understanding of the right [6], the Hungarian studies [7] and to the right of individuals to the court of appeals. And the socialist Soviet scientists in their analysis of individual factors take into account the increase respect for the law.
Recently the set of works on understanding of human consciousness, legal consciousness and a set the direction of studying of legal consciousness are published in Kazakhstan [8].
Certain social rights for the study of the culture of individual rights, its motives, goals, forms should be considered. There is an important role in legal education. To improve the legal awareness is one of the main channels. The accumulated information and legal education, legal and into a position of trust, to act in accordance with the law, habits, and to act in accordance with the legal knowledge, training, or in accordance with the law is the basis for action. Their rights, duties, in case ofviolation ofthe right to knowledge are prerequisites for the ability to protect her.
Public relations consciousness of profound changes in society, in particular due to the changes in the legal consciousness.
Most of the respondents for their fundamental rights are safe today to life, the right to free health care and medical assistance, the right to human dignity, the mother was right to life and the right input. In general, life by providing the necessary level of economic rights, aren’t special attention to the rights and ensuring the democratization of the society. These rights include the physical aspect of life is good, but the spiritual aspects are involved in this are the rights is demolished and the threat of disorder.
Today, crime is increasing, low standard of living of the majority of the population, is often the offense, there is no guarantee of employment and the correct fee. Unfortunately, still defines the legal limit their actions to control the behavior of the people, who serve to protect their legitimate interests of the establishment of the legal space. Money, government, family, etc. strength is a priority. Member or personal connections to the law of the man to go covered there are a lot of situations. This is not the most effective anti-bribery and abuse of officials. All of this is the cost of human rights and freedom of the blue coins. These are necessary to establish a system of legal protection. The sys-
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Legal literacy
tem is gradually ensuring the right to be in accordance with international standards.
People know more bad law, because of the use of their guaranteed rights and opportunities for assistance in difficult situations. Legal literacy level rises in the government, public regulation will become law.
Legal education through the mass media will allow the development of the company’s legal culture and consciousness.
Because of the laws in order to clarify the issues of legal regulation of various aspects of the Constitution, it is a natural phenomenon. As guarantor of the Constitution and other laws, human rights experts have low prices, lack of confidence in the law. The effectiveness of the Constitution “average" only one in four people, but only one-third of the experts assessed the legislation. If the “low” and “no" In both cases, if that 50 % of the cost will be recognized expert fighting legislation related to the violation of human rights abuse. Kazakhstani society and legal data obtained shows a low degree of freedom.
Legal rigorism is the top of the offenses to invite you, the majority of the population that the stricter measures to combat crime and wants to keep the death penalty. Many of the actions of people in the middle of their offense staffs, indifferent to the personal requirements of the law of the legal ratio of household-level mismatches.
However, only in the sense of justice abjectivity all
the facts cannot be explained only. Because of legal consciousness as a psychological phenomenon of intellectual formed on the basis of the existing legal norms and categories. If you avoid the tax bearer many people today, and inconsistencies in the legislation, the Tax Code difficulty, caused by high taxes. This is symptomatic of data, because it shows the ineffectiveness of the national fiscal and financial system. This is the state in the economy “rules of the game” is a symbol of the need to re-consider. As well as the legal framework the tax credit and the need to improve the guide. It is necessary to improve the legislation to raise the level of consciousness of the population, many of the shortcomings of the socio-economic and moral-psychological guidance.
Today, the top of all points of the local structures of power, “open”, which is the time. Transparency and public control is carried out only through the formation of an independent printing. Liberal, criticism of the political system that respects human rights and business practices, information must be approved by the expansion of the free forum.
Interfere with the establishment of the rule of law and civil society in Kazakhstan there is a lot of factors, the most important of which is the conservative mind of its citizens. Research shows that a large number of applications, the oldsters with the values of civil society and the rule of law and the formation of high legal culture show that it is not the right approach.
References:
1. About personality structure Malrieu P. et al. La formation de ia personnalite in Traite de psychologie de lenfant, sous ia direction de H. Gratiot-Alphaandery et R. Zazzo. - P.: Presser Universitaaires de France, 1973. - V. 5; About the identity of the subject, see.: Erikson E. Enfance et societe. - Neuchatel-Paris: Deiachaux Niestle, 1982.
2. Kuril’ski-Ozhevan Sh. , Arutyunyan M. Yu., Zdravomyslova O. M. Images of law in Russia and France. - M.: Aspect Press, 1996. - C. 6.
3. Goslin D. (Ed) Handbook of socialization theory and research. - Chicago: Rand Mc Nally, 1969.
4. Kantorowicz H. The Definition of Law. - N. Y.: Octagon Books, 1980.
5. Terre F., Sayag A. Connaissance et conscience du droit in Travaux du collogue de sociologie jurid/igue franco -sovietigue. - P., 1975, oct., - Paris: Editions du Centre National de la Recherche Scientifigue, 1977.
6. Podgorecki A. Legal Consciousness as a Research Problem. - European Yearbook in Law and Sociology, 1977. Kurczewski J. Prawo w spoleczenstwie. - Warszawa, 1976.
7. Kulcsar K. La connaissance du droit en Hongrie. Annee sociologique. - 1967.
8. Interaction with the legal consciousness of morality and ethics in a society in transition. Auth. M. T. Baimakhanov,
L. M. Vaysberg, A. U. Beisenova, M. A. Ibragimov, A. K. Kotov. - Almaty: Zhety zhargy, 1995. - Р. 85-128.
9. Aytaliev A. General Civil Society: general and regional problems.//idea. - 1999. - № 4. - S. 29.
10. Obolonskyi A. V. Human rights on the verge of civil society and the conservative syndrome as a maj or obstacle to their implementation.//In. Human rights and political reform. - M., 1997. - S. 101.
11. Smirnov V. P. Decree. slave. - S. 229-230.
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