CC BY
7
УДК 340.050
Badalova M.
Andijan State Medical Institute
THE NECESSITY AND MAIN FACTORS OF FORMATION OF LEGAL
CONSCIOUSNESS AND CULTURE
Abstract: This article discusses the necessity and main factors of forming legal consciousness and culture. In the article, the author argued that legal consciousness and culture are an indispensable sign of a developed state.
Key words: legal consciousness, legal culture, democracy, social development, progress.
We know what the ecological environment is; we know that the slightest violation of this system, which is very intricately connected in its elements, leads to illness and death of the entire biocenosis as a whole. And our body is extremely complex, but part of this single world whole - biological and physical. Moreover, if we tear our being even for a moment from this whole to which we belong, we perish in the same fraction of a second: we are so closely and firmly inscribed in visible nature; we not only come from it bodily, but we are an inseparable part of it.
But at the same time, our specificity is human, our spirituality - it is not part of this material, visible system at all. Because all visible systems can be weighed, measured, seen, tangible. And only that which in us is invisible, intangible, has neither form nor color - only this makes a person a thinking being. A being who, according to Vernadsky, is capable of transforming the world. A being that, as we now know, can both corrupt the world and lead it to destruction. Therefore, a responsible being, the only one of all living beings; We are, we are responsible for our actions. Because we are the only ones who can choose. Neither the elephant, nor the octopus, nor the boa constrictor, nor any other creature, in essence, chooses. It is hard-coded. In the end, almost all of his behavior is almost an exact reflection... of all those processes that occur in his body. But look at human life, truly human.
Very often, much and important in it not only goes against this, but, as it were, challenges the needs of the body. A person is able to refuse this, to rise above material needs. In the name of some ideas, he is able to endure hardships, inconveniences, and sometimes even go to extreme trials, up to death. Thus, not the life instinct, but something else is present here in the phenomenon of man.
Legal consciousness is one of the forms of social consciousness. The latter is a specifically human form of ideal reflection and spiritual assimilation of reality. Legal awareness, for its part, involves understanding, evaluating the law, legislation, the need for the need for the current law, its change or
cancellation, understanding the process of law enforcement, comparing law with other social norms.
The peculiarity of legal consciousness lies in the fact that it initially perceives and then reproduces legal relations. Gives them an assessment, outlining the boundaries of reasonable and fair, laid down in the rules of law. Structurally, legal consciousness consists of two main components: legal ideology is a systematized scientific expression of views (theories, concepts, doctrines, programs) about law and its role in regulating social relations (for example, natural law, liberal legal ideology, etc.);
legal psychology is a concentrated expression of feelings, emotional experiences, habits, stereotypes, value relations that arise in connection with the assessment and implementation of legal norms and express the estimated psychological attitude of people to legal phenomena.
In the development of the first component of legal consciousness - legal ideology, scientists and politicians take part, who, when creating appropriate theories, concepts of law, must objectively assess reality, take into account the political alignment of forces, the level of public consciousness, the interests of both the majority and the minority of the population. With this in mind, legal ideology can substantiate and evaluate existing, existing and newly emerging legal relations and other legal phenomena.
Legal psychology is a direct reflection of the culture, customs, traditions of nations, nationalities, various social strata of society. Through legal psychology, self-esteem of the individual is realized, that is, the ability to critically evaluate one's behavior from the point of view of its compliance with the norms of law.
In the theory of state and law, the following functions of legal consciousness are distinguished:
regulatory function. Under certain conditions, legal consciousness acts as a regulator of social relations through value-legal orientation. The result of this regulation can manifest itself in the form of rightful or wrongful behavior;
Legal norms, other elements of the legal system are the objects of evaluation. The evaluative function causes a certain attitude of the individual to various phenomena of legal life. With its help, the attitude to law and legislation, law enforcement agencies, the legal behavior of others, one's own legal behavior is assessed;
Cognitive function (epistemological) - consists in the accumulation of knowledge about law and the possibility of further understanding of legal reality;
Prognostic function - consists in the possibility of foresight, prediction of the future state of the legal system;
Legal awareness indirectly affects the process itself and the results of lawmaking, finds its expression in regulations. In a sense, legal consciousness is even a source of law.
However, feedback should also be noted here. The existing positive law has an impact on the legal consciousness of citizens, the formation of ideas about the rights, duties, and responsibilities.
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