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The French revolution as a factor in transformation of the French state in the XIX century
sess the identity of the legal culture. Identity of the legal culture of stability is maintained mainly by its spiritual components. It is consciousness, psychology, mentality, traditions, customs, characterized by strength, stability, and sometimes conservative, preserve and maintain the identity and national spiritual specificity of legal culture. Destruction of the legal culture is fraught with spiritual crisis legal society, degradation of personality, change the whole ее system of value social guidelines.
For a modern legal culture are important components of the backbone of the traditional Kazakh society — stable moral and ethical standards, law-abiding faith in the principles of fairness, kindness, generosity, humanity, the inseparability of legal and moral values, and others. We believe that these qualities must be cultivated and developed in the legal space of the Republic of Kazakhstan.
Legal culture is closely related to the Republic of Kazakhstan, to the Russian legal culture and legal cultures of other post-Soviet countries, especially the countries of Central Asia. This is mainly due to the fact that the legal culture of post-Soviet states for many years formed through a unique Eurasian geopolitical cultural education. It can serve as a resistance to the negative impact of alien elements of Western legal culture.
Globalization also covers cultural life. It brings worldwide cultures close together, at the same time strength-
ening the association of individuals in certain frames, uniform rules and regulations, thus contributing to the loss of identity of ethnic groups. It leads to the unification, universalization and standardization of cultural and spiritual orders, the erosion of traditional cultural values. Introduction into the national legal culture of any outside elements that are not consistent with the national components of spiritual culture (consciousness, psychology, mentality), gives rise to internal contradictions, reducing the systemic legal culture.
The context of the impact of globalization on national legal cultures is necessary in order to protect them from destructive penetration oftheir national and spiritual foundations ofalien elements identify criteria to assess the identity of the legal culture. This criterion may be a legal mentality. Mentality as a spiritual and psychological phenomenon is the pressure of the historical roots in Kazakhstan.
Legal mentality consists of spiritual slice of subconscious, being part of the content of justice, reflects the legal values within the framework of sustainable, sometimes difficult to change patterns of thinking and behavior. Elements of ethnic and national psychology are actively involved in shaping the mentality. It is spiritual and psychological components ofjustice that reveals the most human response to penetrating external value of legal culture.
References:
1. Zimanov S. Z. To be the personification of goodness and justice ...//Sanger. - 2001. - № 1. - Р. 6.
2. Ancient world right Kazakhs: Materials, documents and studies. In 10 volumes. Program Manager S. Z. Zimanov. Volume 1, 2, 3 - Almaty: Zheti zhargy, 2004.
3. Sartayev S. S. The meaning of life.//Scientific publication. - Almaty: LLP «Dauir», 2007. - Р. 320.
4. Bayniyazov R. S. Philosophy of justice. Statement of the problem.//Jurisprudence. - 2001. - № 5. - P. 12-23.
5. Bayniyazov R. S. Legal awareness and legal mentality in Russia: Author. dis. .Doctor. jurid. Sciences. - Saratov, 2006. - Р. 16.
Kaynazarova Ayman Abdashimovna, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law E-mail: [email protected]
The French revolution as a factor in transformation of the French state in the XIX century
Abstract: As the title implies the article describes the influence of the French revolution to the change of the French state in XIX century. It is given the information about the two concepts of evolution distinguished by the researchers. It is described the struggles for the power between the sides that have happened in Europe up to now, in consequence of which have appeared states. France is pointed out to stand as a kind of an ideal type of strong state.
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Section 2. Science of law
It is described in detail all the periods of different forms of government which experienced France. Conclusions are drawn that the French revolution made an enormous impact to the formation of strong legal state.
Keywords: revolution, confrontation, evolution, modernization reforms, monarchy, constitution, transformation.
The term “revolution” and “evolution”, “political revolution” and “social reform” hiding in its content the history of struggle of political ideas, significantly affect not only the ideological preferences of individuals and social groups, but also on practical steps of governments of various countries, on nature of their ongoing social reforms. During the XIX-XX centuries, the problem of social change is described in terms of “evolution”, “revolution”, “progress”.
In the last third of the XX century the idea of development was given a new interpretation in Western literature. Researchers began to distinguish two concepts of evolution: a linear, unidirectional and multiline, multidirectional. This approach is applied to the problems of social life led to the new features of the revolution, is regarded as one of the possible and the actual parties to the social changes (social evolution). Whatever it was, the impact of the French Revolution on the transformation of the state of this country can hardly be overestimated.
Historically, the state in Europe evolved as a result of confrontation of divergent but equally strong social and political factors. At first it was a struggle between two independent forces — secular and spiritual power. Later, there was a confrontation of equivalent contenders for power: the king, the clergy, the feudal lords and urban communities. In modern times, the state appears as a result of the class struggle and party interests. The meaning of a European state, thus, determines the need for reconciliation and conflict prevention, which found expression in the idea of the social contract. The logical extension of its model was the rule of law, for the law is intended to find a new version of the social balance — balance of private freedom and the common good.
The essential task of the state is to collect people through the tool of centralization under the auspices of a single will. At some point this very process took place in Europe in its history, and this process, named as the creation of a consolidated nation-state was estimated exclusively positive. France stands as a kind of an ideal type of a strong state in the Western world. It is historically and organizationally is the main initiator of modernization reforms in the country. Unlike the United States throughout the history of France it is the state at all stages of development (absolutist, liberal and social), which builds community, and in the process of transfor-
mation public institutions were more dependent on the state than the state on them.
In late August - early September of1789 in the Constituent Assembly the “moderates” proposed for the first time to establish a two-chamber parliament, which in the future will become an important element of the state of France. Then the majority of deputies supported neither this project nor the absolute royal veto. Together with other deputies who voted for the absolute veto of the King, the “moderates” were included in the grouping of the Constituent Assembly, which later became known as “a right wing” and from which have their origin in the subsequent right-wing political parties and currents of France.
An important factor in the ideological evolution of the “moderates” became the law of the Constituent Assembly of 1790-1791, in which they had not become involved any more. Decrees on division of citizens to “active” and “passive”, the release of bank notes, the abolition of titles, on Civil Constitution of the Clergy varied with their ideas of monarchical state. Sharp criticism of the “moderates” caused the constitution itself in 1791, which, although retained the monarchy, but, in their opinion, gave unacceptably broad powers to the Legislative Assembly at the expense of the powers of the King. After the uprising on August 10, 1792, that overthrew the monarchy and the establishment of the republic in France, one part of the “moderate” died, another part moved away from political life, and others emigrated. During the revolution, there were new power bodies — the Committee of Public Safety, the Committee of Investigation (later the Committee of surveillance), the Constituent Assembly which later became Legislative etc.
The implementation of institutes of a civil society requires some human material, the appearance of which is possible by two opposite processes of integration and unification of cultural values. The result of the confrontation of these trends is the appearance of the person — the forms of sociality, able to embody the universal content of cultural values at the expense of more mature personality. It allows a person to join the society and culture, institutes of a civil society and citizen ethnicity. French Revolution created the preconditions for more rapid development of a civil society and contributed to the formation of adequate human material.
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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.
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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: [email protected]
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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