And Ilyin on the essence of the anconscons. §23.4. The influence of legal consciousness on legal culture. Law and Orthodology

a sample of a responsible, decent, deeply believer person. Often he helps me consider certain, it would seem that the objects are far from Orthodoxy in the Orthodox paradigm. So happened with the legal awareness.

Recently, a conference "The legality, law and order, spirituality - paradigm of the XXI century" was held in the Khabarovsk Spiritual Seminary. It was necessary to speak regarding the area of \u200b\u200bknowledge in which I don't understand at all and was never interested. Ivan Alexandrovich helped Ivan. And the interest is awakened. Here are the abstract of my speech.

OUTDENCE It is a source law enforcement, that is, the legal norms of the Company and the institutions of the state.

Ivan Alexandrovich Ilina: "The right needs to be awareness in order to become a creative life force, and the legal consciousness needs to be right in order to acquire an objective basis and objective loyalty." .

Ovomotary is the internal property of the soul. It manifests itself as a sense of respect for the law and legality; The sense of adolescence before the authority of the legitimate power and the court, and the sense of duty. Anthropology: OUTHTERION - the image of thinking, the synthesis of human feelings, the will of the person to comply with the right and law, will to lawy.

And this is the manifestation of the human spirit. For evil will and the predatory instinct of right-negative people or mercenary people, the right and law and order are necessary as a "muzzle" .

Respect for the rights of another person - the logical consequence of the commandment of Christ about the love of neighbor. In addition, there is a "golden rule of morality", which, in our case, can be reformulated: a person must recognize and respect the rights of every person, since his own rights live in other people's duties and prohibitions. His own rights limit and associate other people's rights. Man has a public creature.

A person is inherent in a special moral feeling: the rightness, justice, responsibility and freedoms are these qualities initially laid by God into human nature, manifestation of the image of God.

I.A. Ilyin formulates three axioms of legal consciousness:

- the law of spiritual dignity;

- the law of autonomy;

- the law of mutual recognition .

Man is not only a physical and spiritual being, but also spiritual. Axioms of legal consciousness are the main truths inherent in his spirit.

According to first and main axiom, the basis of normal legal consciousness lies respect for yourself how spiritually good power . Dignity is the basis of true life, and respect for itself is a source of state strength and political health. This applies to both personality and society as a whole.

Second axioma Ilyin formulated this: the basis of all legal and public life lies human ability to inner self-government, to spiritual, volitional self-adhesive . Autonomy Or selflessness is the main form of spirit, the main property of the personality, the way of being and activity. A citizen must have independent beliefs about the good and evil, about the essence and appointment of a person, about the highest goal of law and state, conscious and mature will.

True autonomy is available only to someone who committed spiritual self-affirmation and approved spiritual dignity in itself. Such is the connection between the first two axioms of legal consciousness.

Third axioma Occurrence: At the heart of all law enforcement and the state lies mutual spiritual recognition of people, respect and confidence of them to each other.

A person cannot live on Earth without entering relationships with other people. The collision of interest generates a competition, and this competition must find a end and permission. It can be resolved on the paths, decent spirit, and on the ways, not worthy of it. The right is possible only where there is a living relationship between people: the right is born for the first time as the spirit of the Spirit to the Spirit. This attitude is defined as mutual spiritual recognition.

In each state, there are several legal consciousness systems, since social classes, groups and segments of the population in their views on the right are related to the current economic and political regulations. The legal consciousness relates legislation with real public relations, interests of classes, various groups and segments of the population, their moral ideas. Each subject produces its attitude to the right and state-legal activities. Therefore, along with public, it is appropriate to talk about group and individual legal consciousness.

I.A. Ilyin emphasizes: without legal awareness there is no right. Without it, it is impossible to enter into legal relations with other people, support the rule of law, to create the court. Organize private societies (scientists, joint-stock companies, clubs, cooperatives) and public legal organizations (legislative assemblies, Duma, Zemstvo), participate in elections, be an official, president and monarch.

But the legal consciousness is not inherent in everything initially and equally: it must be brought up and strengthened in people since childhood. Since childhood, it is necessary to develop an unshakable feeling that every person is a hanging creature that he is a subject of law. That he is inherent in spiritual dignity that he is called for composure and self-government, mutual respect and confidence. That state power must respect him and trust him, and he responds to her the same feelings.

The historical era, now experienced by nations, should be comprehended as the epoch of the Great spiritual exposure and revision.

The disaster of world wars and revolutions, comprehended by the world and shook the whole life of the peoples to the root itself, there is essentially a spontaneous phenomenon, and therefore it can only have natural causes and grounds. But everywhere, where the element breaks out and where she, once calming, mastering the affairs and fate of people, everywhere where people are powerless in front of her blind and crushing impulse, - imperfection, or immaturity, or degeneration is hidden everywhere spiritual culture man: for the case of this culture is precisely in to subordinate all the elements himself law himself Development and Ov goal. Natural disaster detects always defeat, limited and failure of the Spirit, for the creative conversion of the element remains its highest task. And no matter how great this disaster, no matter how the ambitious and overwhelming the suffering caused by him, the spirit of man should to accept Its failure and in the very severity of suffering to see the call for revival and reincarnation. But this is what it means to comprehend the shaky misfortune as a great spiritual exposure.

Element, now involving a person in an immeasurable ignition of great wars and shocks, there is an element unsettled and hardened human soul.

No matter how great the value of the material factor in history, with whatever powerful body needs, the human soul is never becoming the interest and attention of the human soul, does not turn into a passive, non-acting environment, submissive material influences and corporal. Moreover, it is the blind, the unconscious obedience to these influences and the palls is diminishing his dignity, for the dignity of him in being creative reason creating His life for higher purposes, and not a passive medium of natural processes in matter. Any impact in the soul of a person ceases to be a dead cargo of causality and becomes a lively motivation, an inclusion, a motive subject to spiritual transformation and a reasonable leadership. To the very essence of the human spirit belongs to this gift: perceive, refract, transform and send in a new one, invading from the outside, exposure. And since the spirit of man does not own this gift to sufficiently, since the elements of the world will oppress him and break his life - there is an extension and revealed and reveals his immaturity, in front of him are revealed new tasks and the possibility of new achievements.

But in order to master this gift and use it in all its world-forming strength, the spirit of man must master his own elements- The elements of the unreasonable and semi-reasonful soul. It is impossible to arrange the world of matter, without arranging the world of the soul, for the soul is the necessary creative weapon of world man. Soul, submissive chaos, powerless to create space in the outside world: for space is going on at the highest goalAnd the spiritual chaos rushes, confused, along a variety of small, opposite "goals", conquering blind instinct. A unconnected soul remains the real potency of the spirit: it perceive and refracts, but does not transform and does not send in a new effect, invading from the outside. Its "goals" remain passive signs of prosecution, and the tasy of them is always fraught with new troubles. Internally unsettled in his tasks, aspirations and skills, the soul of a man is in vain seeking salvation in domination over the outside world: technically conquering matter, she creates only new helplessness; defeating the external element, she prepares an uprising of the inner chaos; Her successes are blossoming for a new, unexpected defeat.

Nowadays, before our eyes, the new world repeats the path of ancient suffering; New experience gives old conclusions. These findings again learn that the self-knowledge and self-conciliation of the human spirit must lie at the heart of the whole life, so that she did not become the victim of chaos and degradation; They learn that the internal decomposition of the individual soul makes it impossible to social dispensing and that the decomposition of a public organization leads the life of the people to the shame and despair. And they also learn that the formal organizedness of the individual soul and the national economy does not provide a person from a meaningful degeneration and criminal pathways. Through all the suffering of the world, the ancient truth and calls people to a new understanding, recognition and implementation: the life of a person is justified only if the soul lives from a single, subject center, moving a genuine love for the Divine as a supreme good. This love and her born of her will - lie at the basis of the entire spiritual life of a person, and outside her soul wanders, blind and falls. Outside it Knowledge becomes a parody of knowledge, art is degenerated into an empty and shape, religion turns into unclean self-optics, the virtue is replaced by hypocrisy, the right and the state becomes an evil tool. Outside her person can not find a single arrangement goals of lifewhich would have turned all his "classes" and "case" into one case of spirit And it would ensure the human spirit of his victory. This victory provides only a living and genuine thirst for perfection, for it is by itself the source of the greatest and invincible any "circumstances" forcesArranged internal and external world. This is explained by the nature of the nature of the Spirit: it is the creative power of the soul, which is looking for genuine knowledge, virtues and beauty, and contemplating a deity as a real focus of all perfection, knows the world in order to implement his law in it as its law. But the soul, always keeping the potency in himself, can turn this opportunity in reality only when it lights up with solid and joyful fire love for Divine and Thirst become Spirit, find a path to him and open it to others.

History shows that it is not easy for a person to find this way that it is difficult to go on it and that it is easy to lose it. Chaos of small desires and small goals imperceptibly spraying the strength of the soul, and human passions pour her fire. The soul loses access to spiritual contents, and therefore it cannot be observed and the shape of the Spirit: for it can only be in the image of the spirit, when it truly lives him with real contents. Losting the image of the Spirit, it is made by the victim of his own chaos and is fond of harsh in the fall and trouble. And then its task is that in the troubles themselves and suffering their deposit from God, hear his call, find out his voice and expose their wrong path to expose and revise.

Now, philosophy has a great and responsible task to start this revision and exposure. Such a stunning spiritual failure of mankind, as the flow of unheard of wars and unprecedented revolutions, testifies to the continued force and clarity that everything The parties of spiritual being lived and developed by incorrect paths that all they are There are in a state of deep and hard crisis. Humanity was mistaken in his spiritual life, and Chaos overtook him unheard of mischief; This indicates that nerden was the most way of spiritual lifethat it should be revised to the roots and renewed and revived from the roots.

And if the task is to organize a peaceful and fair cohabitation of people on Earth there is a task of law and legal awareness, the modern crisis exposes primarily deep ailment of modern legal consciousness.

In the souls of people there are always such parties that can for a long time, from generation to generation, do not attract sufficient attention to themselves, staying in the dark and semi-awareness. This happens not only because these parties are essentially an instinctive character and, as it were, be supplanted from the consciousness field, and not only because they themselves are spiritually insignificant or practically secondary and, as it were, come among others, Equally insignificant shades of life - but also because cultivation requires a special voltage of will and attention, while their spiritual significance in their own nature is opposed to self-supporting interest and the near-the-sighted appeal of everyday consciousness.

It is impossible for a person to not have legal awareness; He has anyone who realizes that, besides him, there are other people in the world. A person has an authority regardless of whether he knows about it or does not know, values \u200b\u200bthis heritage or treats him with disregard. All the life of a person and all of his fate are composed with the participation of ancimunity and under his leadership; Moreover, live - means for a person to live by an ignorance, in his functions and in his terms: for it always remains one of the great and necessary forms of human life. It lives in the shower and then when there is no positive right when there is no<закона>nor<обычая>when nic<авторитет> not yet spoke about<правом>, faithful behavior. Naive, semi-conscious, immediate conviction that not all the external acts of people are equally admissible and<верны>that is at all<невыносимые> Acts and is<справедливые> Exodes and solutions - this is a conviction that has not yet been talking about the difference<права> and<морали>, lies at the bottom of all<закона> and<обычая> And genetically precedes any lawmakes. And even in cases where the content of the custom and the law is determined by the self-interest of strong when the right is unfair or<дурным> right, - at the base it lies all the same direct conviction necessity and the possibility to distinguish<верное> and<допустимое> Behavior OT.<неверного> and<недопустимого> and regulate the lives of people on the basis of this commonly binding criterion.

This detects a peculiar tragicomedy of legal life: ugly, perverted legal consciousness remains an awareness, but perverts its content; It appeals to the idea of \u200b\u200blaw, but takes only the scheme from it, it uses it in its own way, abuses it and fills it by unworthy, perverted content; There is a right right, which, however, is referred to<правом> And it is issued for the right, compromising in the consciousness of people the most "idea and undermining faith in her.

It is natural legal consciousness as a subject of knowledge about<самом>, <настоящем>, one should lie down on the basis of any judgment about<праве> and any legal and judicial decision, and therefore in the foundation of those<законов>who are installed in various communities and states by authorized people called<положительного права>. Than the developed, mature and deeper natural legal consciousness, the better will be in this case and<положительное право> and led by the external life of people; and back: confusion, the rigorism, unintelligence and weakness of natural legal consciousness will create<непредметное>, i.e., bad, incorrect, unfair, not appropriate<положительное право>. Then<право>, one and faithful in its idea, splits and enters into a kind of internal difference with himself: the natural legal consciousness does not approve what the knowledge of positive law speaks about, and as a result of this soul acquires two different legal awareness, because, along with natural, the legal consciousness arises positive, Not coinciding with him in content. Such a split right, such a difference of legal awareness - indicates, of course, about the spiritual failure, a comprehensive person: he does not succeed - in the absence of will or on the lack of skill - to realize the content of the natural right and put it in the unshakable basis of any judgment on<положительном> right; But since the skill always depends on the heart, which loves, and from the will, which shifts and raises the ability, then all this great spiritual failure in law is resting on the universal, historically sustainable outlook of the hearts and the lack of will to legal right.

It is already clear that the normal legal consciousness leads a non-split, and a single and holistic life, and if it sees in front of his own, this split right, then it is entirely addressed to the struggle for the unified, right right and for the restoration of its internal, subject, spiritual unity. Wherein<оно в качестве духовно верного и целостного отношения души к Праву не сводится к <сознанию> and<познанию>But always lives in the form of a wake-up heart and conscience of will to perfection, justice and right. Normal legal consciousness knows its subject; It is a knowledgeable will to the right, recognizing him in his objective meaning and commitment, and recognizing him because she recognizes his goal. Therefore, normal legal consciousness is primarily the will to the goal of law, and therefore the will to the right; And from here, it stems and the need to know the right and the need to vital it, that is, to fight for the right. Only in this holistic form, the legal consciousness is a normal rally and becomes a noble and adamant force that feeds the life of the Spirit and, in turn, determining and raising his life on Earth.

Knowledge of rights

Normal legal consciousness is by no means reduced to the correct knowledge of positive law. It does not boil down at all<знанию>But includes all the basic functions of mental life: and above all - the will, and moreover, it is the spiritually brought up will, and then - both the feeling and imagination, and all the cultural and economic departures of the human soul. It does not boil down to the experience of one<положительного права>but always comes to him with some higher, subject measure; Finally, it is not a passive condition, but vital and creative. Therefore, one knowledge of positive law, the faithful consciousness of it - does not guarantee any more cash with normal awareness.

And nevertheless, this knowledge is necessary. People who do not know<законов> His country leads an extraordinary life or is content with improvised and unstable laws. People who do not know their duties are not able to obey them, do not know their limits and powerless against extortion<воеводы>, roster and robber; people who do not know their powers arbitrarily exceed them or cowardly inferior by force; People who do not know their pro-interests easily forget all persistence and discipline or are doomed to legal insanity. Ignorance of positive rights leads inevitably to the arbitrariness of the strong and intimidation of the weak. Moreover, it makes it impossible life in the right and right. People are in the state of animals or things, to which the voice is not reducing that<можно>, what<должно> and what<нельзя>However, they are prohibited<отзываться неведением закона>, and, unbearable, they cannot even claim unusable insanity for humans.

People need and worthy of knowing the laws of their country; This is part of legal life. The right speaks in the language of consciousness and refers to conscious creatures; It claims and denies, it formulates and requires - in order for people to know what approved and what is recalled, and a conscious requirement was conscious. And who<позволяет>, <предписывает> and<воспрещает>- is the subject of authority, responsibilities and proximity, i.e., the subject of law. The most essence, the very nature of the right in that it is going on with conscious creatures and for conscious creatures, thinking subjects and for thinking subjects.

Therefore, it is ridiculous and dangerous of such a living order, in which the people are not available to knowing his rights: when, for example, among the people there are illiterate people, or when the right is intensely in an alien language, or when the text of laws remains unavailable for the people or the meaning of the right is expressed too difficult to confusing and incomprehensible. Then, at best, the hierarchy of the mercenary intermediaries charged between the people and the right is erected by<отыскание> The rightness and maintenance of the people's darkness in their favor; it is profitable to darken a clear case, and not understand the dark, save<безнадежное> case and make krivdu to court; And under them<опытными> Hands interpretation of the law quickly turns into a professional curvatologist. So the legal awareness of the people degenerates from the impossibility of directly taking the right to consciousness. It is impossible to a person not to be a subject of law, because the most essence of the right is that it appeals to any samented person, at least with some prohibitions and prescriptions. And according to this, it is impossible that the subject of the right to be an inanimate thing, insect or an animal, for the right implies the ability to know, understand and to respective management.

However, the most knowledge of positive rights is only then standing at an altitude when it is object. This means that contacting him should approach him, seeing objective this content that has its finished and definite meaning; This meaning, previously, for someone (legislator?) Thoughtful and clothed in words and phrases should now be exactly clarified and imprisoned. To the one who wants to really know the positive right, it is necessary to understand that it is primarily given to him in the finished, complete, established form as a special subject with specific properties and features. This subject, as well as a thing, requires that perception, attention and thought, adapt to him and have learned to see and understand it. This study, like any movement to the truth, requires that conscientious and impartial<теоретического> The approach that characterizes science and is brought up by scientific teaching. :

A strong sense is always inherent in unshakable confidence that the right and law have their own definite content and that each of us, referring to the right and meeting with his binding instructions, has first of all the task to find out and imprisoned this objective content of the right. And in this confidence, people are not mistaken. The right in his mature and developed form is characteristic of the form of the norm, i.e. the thesis, expressed in words and establishing a well-known order of external behavior as having a legal importance (for example, allowed, prescribed or prohibited). The legal norm will have to human mind not just in the form of a coherent grammatical supply; For her words, there is always a certain content from which it is also seen that it is a rule of behavior, and not a description of a single fact and not the formula for a positive law speaking about the order that is carried out in reality. This content is expressed in the legal norm as an affair and thought defined, so that the logical concept with its special content is hidden behind every word of the grammatical sentence. The legal norm according to the very essence, it always combines two more or less complex concepts: prescribed, permitted or prohibited behavior and the concept of a human subject, the image of which is regulated by this.

People's skills can stand at altitude only where legal science is at the height. Where the jurisprudence is unforeseen and predest or, even worse, ignorant and sold, the very core of legal thinking is degenerated and respected by respect to the right; The scientist is approaching the type of old tailoring and from his<научного> The hooks will quickly fad awareness. In judgments about the right, sharpness and malignant nebula are repaired; In the minds, everything will double and fluctuate; and it's hard to wait for something from<земли>When salt loses its strength.

Live contact between the legal science and consciousness of mass is the second condition for the development of legal consciousness. The content of positive right should be not only<доступно> people so that each in each case could easily establish their legal powers, duties and prohibits; It should be actually introduced into the consciousness of the people in all its certainty and unambiguous clarity. The legal consist is primarily in the fact that a person knows about<существовании> positive right and about your<связанности> they and, further, he knows that the meaning of this right is one and is determined, immutable on personal arbitrariness and random interest, and that its contents<таково-то>. It is necessary that everyone actually knew what he rightfully<можно>, <должно> and<нельзя>so that he likerships tap the limits of his legal<статуса> In confidence that they can be changed right, but not against the right and not bypassing it.

It is also clear how important is the popular teaching of the rights and school education of an awareness in the life of the people. Public textbooks are needed, it is necessary to teach law management in secondary schools, a mandatory legal conscience is needed, readable in higher educational institutions for students of all faculties. A great importance could be inherent in the frame of traveling lecturers and consultants paid from the city or from zemstvo and free for the people (like doctors, veterinarians and agronomas). It is necessary to do everything in order to bring the right to the people to strengthen the massive legal consciousness so that the people understand, knew and appreciated his laws so that he would voluntarily observe his duties and prohibit and loyally enjoyed his authority. The right should be a factor of life, a measure of real behavior, the power of the People's Soul.

And so if it is agreed to call an objective content of the positive right to its meaning, and the subjectively conscious content of it is its concept, then it will be possible to say: a positive awareness consists primarily that a person is experiencing the concept of positive right adequately its meaning. However, this is far from being exhausted.

About State Orthodology

Spiritual farewellity of people, tribes and nations naturally leads them to the organization of life on the basis of common law, common power and common territory. The uniformity of spiritual life, the unity of spiritual creativity and the community of spiritual culture constitute the deepest and true basis of all state unity. It is this connection that is the most sophisticated and sometimes least conscious and catchy - the most powerful, the most undispable, unconditional and sacred connection of people in legal and state unions. The state is determined by the fact that it is a positive legal form of the Motherland, and the homeland has its creative, spiritual content. Hence, the essence of the state, his way of being, his substantiation, its goal, its means and normal structure.

If the right is powerless and meaninglessly outside the legal consciousness, the state is humiliating, ephemeran and dead outside the state image of thoughts. For in fact, not only his roots, but also everyday life has an internal, peaceful nature. Ridiculously and adversely think that a person can live external actions in the separation from internal states or that the state can adequately exist, mechanically registering their<подданных>By establishing duty for them and duties and do not turn them into citizens who are involved in consciousness, will, feeling and action in creating a unified, wisely organized life. The state is not an external thing among things, and it does not have a material and physical nature, although natural and economic<субстрат> It is also material, and his personal composition is bodily existence. The state is something from the Spirit and something for the soul. It is the spiritual unity of people, for it is based on a spiritual connection, intended to live in souls and create motives in them for proper external behavior.

The consciousness of this is the first basis of all statehood and politics; In the implementation of this - the first condition for its true heyday. The state image of thoughts is a variety of legal consciousness, this is already said all the main.

The state image of thoughts does not boil down to know that<есть на свете государство>, to which<я принадлежу>. But it is from this that he begins.

However, this is not enough: it is necessary to recognize their belonging to a certain state, i.e. Take her will and feel, go through her and cultivate it. Political affiliation must be consciously accepted by each individual citizen and recognized them in an unnecessary, free solution; And this decision should bring everyone to a spiritual act of voluntary self-balanceing or that the same, to the act of spiritual imputation of public legal powers, responsibilities and proximity. Outside this state will inevitably be defended.

The state is necessary and acceptable precisely because it is necessary and acceptable positive right: the immature state of human souls, obsessed with naive-vicious, egoistic, and not able to motivate their external behavior with independent recognition of natural right, - makes the state with the necessary and appropriate way to maintain natural law through it Positive legal proclamation and imputation. The inaltedness and imperceptibility of natural rights, on the one hand, and the very limited ability of people to autonomous self-balanceing, on the other - lead to the organization of such unions, which should establish and protect the natural rule of law through heteronal legal rules and maintain them to the power of external, generally accepted authority. . The unified power of the Union, authorized by the right and the subordinate law, receives a duty: to formulate natural right in the form of objectively significant, general obligatory rules of external behavior (i.e., in the form of a positive right), so that these rules penetrate into consciousness and to the will of people And they gave rise to the motives for the correct operation.

By its basic idea, the state is the Union of Spiritually Comfortable People, tribes and nations united for the sake of heteronal exercise of natural law. This means that the state has a single, objective and higher goal and that only the free, volitional acceptance of this goal makes a person truly a citizen.

Essence of state

The objective nature of the state is determined by its extensive goal, its one and unchanged task. This task is to fencing and organizing the spiritual life of people belonging to this political union. The fencing of the spirit is to provide all of the people and every individual of his natural right to the original definition of itself in life, i.e. Rights to life and, moreover, for a decent life, externally free and internally independent. The organization of such a cohabitation of people, and moreover, on the basis of law and power, this is the one political goal that the state is served. Only the right understanding of this goal opens access to the understanding of the funds and structure of the political union.

The main nature of this goal, i.e. It is what makes her political - consists in its unity and community for all citizens.

The essence of the state is that all of its citizens have, in addition to many different, opposite or identical interests and purposes, one, a single goal and one common interest. About this purpose everyone can say:<это моя цель>And it will be right, but should add:<не только моя>. And everyone can immediately say:<это наша общая цель>And, expressing it, everyone will be right. But this means that this goal is common. Many bodily and soulful disconnected people wish the same thing, that or everyone will be immediately, or what everyone will not be at once. Everyone wishes lonely and in its own way;<интерес> As a personal experience remains peculiar and multiple. But the subject of desire is one for everyone and can be created only in organized, joint and not alone creativity. The common goal creates the community of ways and means, and the basis of political activities is given.

It is clear that this solidarity in the question of the legal form of life receives its coverage from the depth of spiritual content, the national-single and patriotically common. The state is a kind of organized cohabitation; And at the heart of the cohabitation of people, if it is not humiliating for them and not ephemerally, lies the spiritual homogeneity and the community of spiritual culture. That is why the spiritual solidarity of the sons of the common homeland is at the heart of any mighty and spiritual and productive political union. Love for Fatherland has love for the very national spirit, the cumulative and joint life of which organizes and protects the state. The feeling of the patriot is devoted to the one that the thought and will of the statesman serve. The politician standing at the height creates the case in which all the people of him agree, and if he creates his soul with fire, he is a patriot. Patriot, actively working on the organization of the spiritual life of his people, creating the public form of her bloom, thereby there are a statesman, the National-Political Builder and the leader. The policy outside of patriotism is - imprepresentable, reliable and disadvantage; Patriotism outside the state is not in sense, weak and shameless. So: the state is a positive-legal form of the Motherland, and the Fatherland is the true content of politics.

It is the struggle for the spiritual culture of the people who reports to the state of the Higher and the last excuse before God; It is the spiritual content of patriotism that gives the state its natural right, opposing it to the Universal Brotherhood and at the same time reconciles him with him. In the struggle for his spiritual culture, citizens of the state are immediately the sons of their homeland and the advocates of the universal case.

So, spiritual solidarity is a genuine and real basis of the state. It is on this basis that the state should be understood and implemented as a living system of fraternity, not only not contrary to Christianity, but also the corresponding spirit of the gospel teaching.

To keep political life, or that the same, to be a real citizen, means to experience a living inextricable identity between the interest of the state and its own In-Teres and through it to recognize by its own interest - every spiritually loyal interest of each of its fellow citizens. This reduces the main content of political life.

Form of state

The state in its basic idea is the spiritual Union of people with mature anconscons and powerfully asserting natural law in fraternal, solidarial cooperation.

Such is the idea of \u200b\u200bthe state. But historically speaking, it only very slowly acquires these ideologically true features and is often carried out, while maintaining its name, a number of deep deviations. The correction of these shortcomings and distortion is possible only with the growth, purification and deepening of the human consciousness, so that if the history of the state reveals progress in the sense of statehood growth, then this progress should be understood as a peaceful spiritual increase in humanity. Political system and legal consciousness form a living inseparable unity so much that no reform is impossible until the famous shift in the legal consciousness is raised; And every reform, disproportionate with the state of people's legal consciousness, can be ridiculous and disastrous for the state. The only correct way to every reform is a gradual upbringing of legal consciousness.

It is on this path that only on it is permitted a major contradiction between the idea of \u200b\u200bthe state and its historical implementation. For, on the one hand, the state lives by the rule of law of people, and a significant feature of the legal consciousness is the ability to self-government, from here, in theory, the state comes down to self-government of the people. However, on the other hand, the united and objective goal of the state is so high and requires citizens such a mature allegation, which, historically speaking, peoples are incapable of self-government that exercises this purpose. And now the great discrepancy between the ideological form of the state and its historical appearance. Political philosophy should open the roots of this discrepancy; State power must find ways to his healing.

The main task of the state device is to ensure that the best citizens are allocated to the authority, and it can be said that the state maturity of broad masses is determined by the ability to such a allocation. State power should always and unconditionally have an aristocratic nature; This is the first basic requirement preceding everyone else. And the transition from the regime of state guardianship to the regime of state self-government makes sense only inspired, since it does not violate this basic condition.

Historically, the state can be described like this: in form - this is a public institution, slowly approaching the corporation; In spirit - this is a self-governing corporation, slowly pulling wide circles and folk masses. Political wisdom is to maintain the regime of the guardianship only in the measure of the actual need and at the same time to work energetically over overcoming the political incapacity of the masses or otherwise: to bring up in the masses of the spirit of corporate self-government and consolidate this spirit with respect to government form. The task of state custody is not to maintain the defendant in the state of spiritual minority, in a state of civil studies and political insaneness, but to educate the crucial, informing him the ability for volitional self-dedication and self-disciplining - the ability to self-reference. For the state is strongly and worthily not when the authorities keep the population to the rule of law against his will, imposing patriotic solidarity through fear and executions, but when the spirit of state patriotism and political volunteer lives in the people.

According to this, one of the main tasks of state power is the political upbringing of the people. This means that the broad masses should be involved in political life before they formally approved public debt, or that the same: only he can start sending public authority, who comprehended and learned his public responsibilities and prohibits For self-government and self-organization suggest high discipline in mass, i.e. unshakable loyalty to duties and prohibitions. This can be expressed as so: the wide masses of the people should be involved in public life first through the legal awareness, and then only through a political act. For a political act who did not grow out of healthy legal awareness, death and senseless, and healthy legal awareness, which does not pour into any particular and decorated political act, is not impossible and not disastrous, on the contrary, it remains precious ability, the possibility of future achievements.

All this, combined, gives us the opportunity to highlight the question of state form and the issue of democracy.

This question breaks down with a careful attitude to two different questions: on the question of the empirically most appropriate form and on the question of the most advanced form.

No and cannot be a single political form, the most appropriate for all times for all peoples. It's time for this dreaming and groundless prejudice. For the political form is determined by all the aggregate of spiritual and material data from each individual people and, above all inherent in the level of legal consciousness. For each given people, the political form, which inherent in the maturity and strength of state will, is most appropriate to each given era, is the most appropriate, which is the maturity and strength of state will and converts that combination from a corporate and guarding principle that leads and builds national life. And moreover, this form should lead the people to a single and objective state purpose and to ensure the aristocratic nature of power. It is clear that there can be no single permission; More regarding, it is possible that the most appropriate form will be rebus sic stantibus1 The form is the least spiritually perfect: so, the mobile as such requires despotic domination, and in the absence of monarchical prerequisites in the country - the state may be doomed to the form of tyranny.

Otherwise, it is about the most advanced political form.

Here it is definitely possible to establish that the political form is most perfect, which corresponds to the main and unchanged axioms of legal consciousness and turns into the souls of citizens precisely to these axiomatic foundations of civilian life. Such axioms can be specified three: 1) a sense of own spiritual dignity and its manifestation: respect for itself, the beginning of honor and spiritual dimension of life; 2) the ability to volitional self-government and its manifestations: principle, conviction, amateurness, discipline and debt; 3) Mutual trust and respect is a citizen to a citizen, a citizen to power and power to a citizen. And here is the most perfect, the political form, which corresponds to these axiomatic foundations, appears precisely to them and it is them acts as a politically driving motive.

This could be expressed that the most perfect is the political form that perceives the spirit of Christianity and impresses the rhythm of political unity - the beginning of love, respect and confidence, the principles of spiritual self-affirmation, everyday terrestrial dedication and heroism. With this approach, the question of democracy will be correctly covered.

Democracy is a state system, in which power is organized on the principle of corporate self-government. It follows everything essential.

Democratic system There is a way of state dispensing. Consequently, as well as another system, it is valuable and admit only to that mode, which he does not contradict the state goal.<Государство> there is a generic concept;<демократическое государство> - species. The view that losing signs of kind is nonsens2; The state trying to be a democracy for the price of its state being, there is a ridiculous and doomed phenomenon. In other words: if the invasion of broad masses in politics destroys the state, then the state or will die, or will find the strength to stop this invasion and put an end to it. Democracy as the beginning of the anti-state state does not make sense nor justification; It is a coolness, i.e. The Board of Flower, and this is already destined to her fate.

This means that democracy is valuable and admissible only to the post-hour, since it creates the aristocratic exercise of the state goal, i.e. serves as a common cause of power, rights and spirit. Democracy does not have a higher goal or an independent goal; It is only a way to allocate a few best to power, and moreover, one of the ways. As a method of aristocratization of power, it is subject to a decisive assessment; In this, its test and hence her sentence. And if this sentence is negative, then the state or turn to other methods, or perish.

Democratic stroke in itself is only a form: and therefore its value depends on what content will be quieved in this form.

So the question of state<форме>. It must be determined in the interaction of two bases; Unified, objective state purpose and cash in the country of the level of legal consciousness. It should always ensure the aristocratic nature of power and at the same time to construct the size of the self-government of the people with the maturity and strength of its state will. No and can not be a single political form,<наилучшей> For all times and peoples: it's time to fade through this dreamy and groundless prejudice, it is time for political leaders and parties to join wisdom combining spiritual management<единого> with empirical vision<множественного и различного:>. There is no single best form: but there are basic, irreversive authorities of the authorities and the axioms of legal consciousness, on the observance of which any legal organization must be resting. These axioms are determined by the whole nature of the human spirit and law.

Axioms of power

The historical experience of mankind shows that the authority of a positive right and his power creates himself not only on public collusion, not only on the authority of the legislator, not only on the impressive impact of the order and threat, but above all and deeper on the spiritual right, or that the same , on the substantive loyalty of the published commands and norms. It is this spiritual loyalty of the Current Law that is always the best key to the fact that the authority of the rights and authorities will be really recognized by the legal consciousness of the people and that their political strength will be connected with life productivity. : In vain to think that some other political task may be truly permitted out of approval of this spiritual and true form of life: outside it<разрешение> It will be imaginary - or conditional delay, or a source of new troubles. Salvation in one: the form of the Spirit should establish an act of legal consciousness, the content of the right and structure of political power. Legal and political life should be true to their deep, the last roots, and these roots have a spiritual nature.

This can be expressed like this: it is necessary that people in their joint life have some elementary, but the sacred fundamentals of law and the state. Outside, no political organization will create anything other than decomposition and suffering. These bases can be formulated in the form of a series of axioms, and this series, during descent from the surface, can be divided into two groups: one contains the axioms of power, and the other anximomomomas of legal consciousness.

Political domination consists in the socially focused and legally organized influence of the will, the best and authorized people on the will of other subordinates, and the subordinates are associated not only to the rightness and power of power, but also by their own legal consciousness, this influence should serve the triumph of natural law, i.e. . Its acquisition and implementation of both a single and general order of life.

This means that power is powerful for the generic essence of its power, and moreover, the volitional force, but according to the species difference, it is a legal force.

Power is primarily power. This is expressed in the fact that it has the ability to effect and influence. The powerless power is in a logical relation to nonsense, and in state a pernicious ghost, phantom or simulation; Such power is not needed to anyone, for it is deprived of genuine, life reality; It is dangerous and disastrous, because leads the entire state union to decomposition. : The state with a weak power is unsuitable. Weakening and increasing power there is a killing of state. Therefore, all that the power is consistent is Av-Torith, the unity, the directions of the purpose, the organization and the execution of the compulsory apparatus - all this forms the basis of the state being.

Unlike any physical strength, state power is volitional force. This means that the method of its action is at the very nature of its inner, mental, and with the spiritual one. Physical force, i.e. The ability to physically-bodily influence of a person per person is needed by state power, but it is not at all the main way to act inherent in the state. Moreover, the state system is more perfect than he refers to physical strength, and it is exactly the system that is to exclusive domination of physical strength, "undermines himself and prepares a decomposition itself.<Меч> by no means expresses the essence of state power; It is only an extreme and painful tool; He constitutes her last word and weaker than her supports. There are provisions and periods when the power without a sword is a bad and disastrous power, but these are exceptional periods and abnormal. Normally power is not in a sword, but in the authoritative influence of its volitional imperative.

UDC 17: 340.12

Bargilevich O.A. Spiritual basis of legal consciousness

in the works of I.A. Ilina

The article discusses the socio-philosophical concept of legal consciousness developed in the writings of philosopher I.A. Ilina. The essence and spiritual and value basics of legal consciousness, the leading role of the spiritual spiritual essence of the lawsuit in the development of legislation, stability and law and order of the Russian state.

Key words: spirit, spirituality, spiritual values, legal consciousness, legal culture, right, subject awareness, "heart contemplation", spiritual freedom, ideal.

Today, as at the beginning of the last century, the problem of the formation of legal consciousness turns out to be the focus of not only theorists in the field of social philosophy and the philosophy of law, but also practitioners directly carrying out their activities in the legal sphere. Increasing the level of legal culture and legal consciousness of modern Russian society acts as the necessary prerequisite for the development of Russian statehood. Interest in this problem is determined by the acute necessity of reforming the Russian legal system.

As follows from the Constitution of the Russian Federation, the design of the new system of modern Russian society involves the formation of a civil society based on the priority of law. As an increase in the role of law, the importance of legal awareness is growing. According to researchers, "Legal consciousness gives public consciousness the nature of rationality, consciousness of common sense" 1. The relevance of the formation of legal consciousness in the conditions of the formation of a legal state is the most important task of legal scientists, lawyers and politicians. The legal consciousness is an important factor in the development of legislation, the stability of the rule of law, the reality of the rights and freedoms of citizens.

Russian philosophy of law is a significant reservoir of the national philosophical thought, in the development of which PI participated Novgorod residents, N.A. Berdyaev, V.S. Solovyov, S.L. Frank, I.A. Ilyin and others. The merit of Russian philosophers of law consists not only in the study of the problems of the philosophy of personal rights, legal regulation of the relationship between the individual and the state, personality and society, democracy and its institutions in Russia, but also in the formulation of the development of legal consciousness and the study of the essence of the legal consciousness as an integral part of legal culture.

The legal consciousness is one of the main themes in the philosophy of the right of Ivan Alexandrovich Ilina (1883-1954). The issues of law and legal consciousness are affected in a number of its works, in particular in the work "On the essence of the Occurrence". In her I.A. Ilyin explores the structure of the human agencies, society and the state, the problem of the ratio of natural and positive law, analyzes the interaction of legal consciousness and other forms of public consciousness - religion and morality. I. Ilyin emphasized that the next task of modern legal consciousness is to free oneself from the hell "characterizing the soul

slave. Normal legal consciousness is the volitional state of the soul, active and creative; It is looking for in the life of free, faithful and fair law and makes a person fighting for its acquisition and implementation. "2 But this process is not short, and we will need one dozen years to change the attitude of Russian people to the right, to bring them out of the protracted legal "hibernation."

In the teaching I.A. Ilyina Category "Orthodology" occupies a central place. In this category, the scientist saw the main essence of the right is the essence of the spiritual spiritual. The right, according to I. Ilina, despite its objectivity, is the attribute of the Spirit, a way of life, its necessary manifestation. He gave several definitions of legal consciousness in various scientific and philosophical discourses. The two main components of the legal consciousness, in Ilyin, "are the recognition of the right and recognition of the Spirit -We, the legal consciousness cannot be considered a full" 3. Announcement in understanding Ilina - "Not just a formal legal, but a universal ontological category, since it is from it that all major empirically mediated social and legal realities are derived - the state, society, power, law enforcement, natural law, legal custom, the legal behavior of the individual" 4 .

The scientist distinguishes natural and positive law. For him, natural law is a "prototype of positive law", given from God and from nature freedom of self-education and self-employment, which should be sought in the depths of his own spirit. "5 I.A. Ilyin considered the legal consciousness as a more significant phenomenon than the right itself. The legal consciousness is understood as Ilyini "as a natural sense of law and the rightness, as a special spiritual attitude of the instinct, as a special kind of instinctive right-point, as a kind of universal, which has both a formal legal, and natural legal dimension" 6.

The specificity of the ratio of positive and natural right in socio-philo

sophia concept I.A. Ilyina is not only that they do not exclude each other, but, on the contrary, complement and enrich each other. In such a ratio, natural right is a moral basis for the right of positive, in other words, acts as the ideal of a positive right, which, in turn, manifests itself as a "expedient form of maintaining natural law." Having determined the positive right as legal norms established by state power and to be applied, and the natural law - as legal norms, in harmony with morality and justice, recognizing it with the right corresponding to the very nature of a person as a spiritual and moral being, I. Ilin thereby overcomes The established opinion on the confrontation of positive and natural law.

The need for positive right in social philosophy as an expedient form of maintaining natural law, according to I.A. Ilina is justified by a low level of legal consciousness caused by the "immature state of human souls" in Russia, which can change over a large period of time. I. Ilyin allocates the two most characteristic features of the right: objectivity and spirituality. Occupational awareness is determined by scientists as "who knows the will to the right, recognizing it in his objective meaning and commitment and recognizing it because it recognizes its goal." That is why the legal awareness acts as "will to the goal of law", and for him there is a need to "know the right and the need to vital to it, i.e. Fight for the right "7.

The need for systemic analysis of the phenomenon of legal consciousness is primarily due to the need for theoretical and practical adjustment of legal policies, taking into account the characteristics of the socio-cultural development of Russian society and the state. In the context of globalization, the national and cultural identity of Russia turned out to be a threat, the processes of political and legal alienation of citizens were intensified. On the

this background acquires a special relevance to appeal to the domestic tradition of the philosophy of law and, above all, to the socio-philosophical concept of an awareness developed by Ilyin, who used to develop it on the basis of national-cultural traditions and basic values \u200b\u200bthat have formed during the construction of the Russian state.

It was in his work that the characteristic features of Russian philosophical thought, domestic jurisprudence, which made it possible to thoroughly develop the concept of legal consciousness. On this basis, sociocultural, ideological, methodological and axiological foundations of law and legal consciousness, the conditions and limits of legal freedom of personality, the problems of the ratio of morality and the right, the formation of legal consciousness, taking into account the public ideal, receive a new conceptual development in its socio-philosophical thought.

The construction of the Russian statehood of the last two decades suggests that the ignoring of sociocultural and philosophical-Mi-razzrenological foundations of law naturally leads to its "instrumental" understanding as a formal principle of the organization and activities of the state. Understanding the peculiarities of the Russian national allegations identified in social philosophy I.A. Ilina may become one of the necessary conditions for the formation of legal culture of modern Russian society.

The conscious realization of civil rights and the implementation of legal obligations under a separate society is associated with the presence of a certain level of legal consciousness. I.A. Ilyin wrote that "it is impossible not to have legal awareness; He has anyone who realizes that, besides him, there are other people in the world. A person has an authority regardless of whether he knows about it or does not know, values \u200b\u200bthis heritage or treats him with disregard. All the life of a person and all of his fate are composed with the participation of an awareness and under his

manual; It is not enough to live - it means to live by an as a state of living for a person, in his terms and in its terms: for it always remains one of the great and necessary forms of human life "8.

From this statement, the following characteristics of the legal consumption can be distinguished: first, reflecting the objective needs of social development, the legal consciousness gives human activity in the field of law and public relations targeted in nature, that is, the achievement of tasks set by society and the specific personality. Secondly, the legal consciousness is one of the forms of human life. None of the types of human activity is unthinkable without its assessment of personality consciousness. No activity is unthinkable outside consciousness. Thirdly, the legal consciousness is the most important regulator of human behavior in society. Fourth, the legal consciousness is generated by the objective living conditions of people, it is at all stages of historical development is a product of reflection of their public being. Fifth, the legal consciousness is a form of public consciousness, which includes legal knowledge of people, their thinking, feelings and emotions and determining their attitude towards surrounding legal phenomena.

The first feature reflecting the specifics of Russian legal consciousness is its weakness, historical non-standard-bath. This weakness is expressed in the fact that the law in the historical development of Russia has always been perceived as an alien, presses from above, in it never seen the right of a citizen himself, guaranteed by the state and society. This is explained by the fact that the law in Russia and before and during the Soviet government was state-oriented and the state defending. The second reason for the non-reported Russian legal consciousness is manifested in the historical features of development, in the specifics of the lifestyle, in the mentality of the Russian people.

The deficit of law and legal awareness in Russia has remote roots, which go to the history of the Russian state.

Russian statehood was not fully established by voluntary, and in a certain sense forced, it was not an internal need of the Russian soul, but was caused by the need to preserve the historical being of the Russian people, who was forced to build it even against his will.

The history of the Russian state is a big contrast compared with Western colonization and enslave the peoples of the world. "Living and creating in my own language, the Russian people, how to make a great cultural people, generously shared his gifts with their grimaceous and attached former neighbors, felt in their lives, listened to their originality, studied with them, chased them in his poetry, admiralized Their arts, their songs, their dances and their clothes and simply and sincerely considered them with their brothers; But never drove them, did not strive to denationalize them (according to the German custom!) And did not pursue them "9.

In pre-revolutionary Russia, society was perceived as a patriarchal community. Power in this community appears in the form of a patriarchal form, in which the first person - the sovereign - acts as a "father", and not the official head of state. "... State power thought as the main rod of all social life. She developed on the basis of the operation of the patriarchal idea of \u200b\u200bthe relationship of a person and power as the relationship between children and parents, implying a good, deceo, fair board of the owner "10. In the legal awareness of people, there was an idea of \u200b\u200bthe decent of the king to the people - "Tsar-Batyushka", which was the embodiment of the truth in society. At the same time, all official, formalized, emerging beyond the limits of patriarchal structures, occurs with suspicion, is perceived as alien.

Numerous studies show that society is still perceived by the population as a patriarchal community - she fully defines the life of an individual who does not see itself beyond this collective form of their existence, and

to this should be, according to its ideas, sustainable, unchanged. In the eyes of the population and today the executive power is raised above the legislative. In fact, people need a valid power, and not the current law.

In the legal consciousness of Russians, the moral right in general has always dominated legal. To do under the laws of conscience, and not on writing laws was generally accepted in Russia. This is one of the reasons for the disregarding relations of Russians to legal norms and laws, in particular to those of them, which differ in one way or another with moral standards.

The legal consciousness should be inherent in some permanent component, which, with all changes in the economy and politics, reproduces a certain type of domestic legal thinking, speaking the basis of the Russian tradition of law. The legal consciousness and legal culture of the people ensure the continuity of the development of legal traditions guarantee legal continuity. In the theory of legal consciousness, such a permanent component was allocated by I. Ilyin, noting that the normal legal consciousness argued and would approve the unity and objectivity of the state goal. "By its basic idea, the state is the Union of Spiritually Comfortable People, Tribes and Nations, united for the sake of heteronal exercise of natural law. This means that the state has a single, objective and higher goal and that only the free, volitional acceptance of this goal makes a person truly a citizen "11. This thesis is not better reflecting the essence of constitutional allegations: the goal of the state and the purpose of the citizen of this state is the unity of two opposites - public and individual.

Considering the Soviet period of our history, it is impossible to ignore the fact that the population was formed by the Consciousness of the "screws". A convenient "cell" to build a society of the desired type was elected a team. Existing in the country for the overwhelming majority of

lei Equalization at a lower level of life aggravated the feeling of interchangeable equality. The presence along with this privileged layer emphasized the "equality of inequality" of the majority of the population.

During the reign of the CPSU, the legal consciousness of citizens corrupted the political hypocrisy of the party, which in words required the execution of the law, and in fact, any decision of the Higher Party Authority was more important than the law and above the law. It is not surprising that in the domestic political elite, in many ways collected from the former partner, such a strong habit is guaranteed not by law, but to the old rules to live "at the discretion of the authorities." A member of the party who committed a crime could not be brought to criminal responsibility without permission of the party body. "Telephone law" dominated (when the party leader called the judge and dictated to him, what a verdict to endure the accused), "the discretion of the superior chiefs."

I. Ilyin talks about the peculiarities of Russian historical national traditions: "... Russian history has a stubborn struggle between the impulse to freedom and a tough state necessity, between a tendency to anarchy and the national self-preservation instinct" 12.

Indeed, the dream of freedom has long lived in the Russian people, a doomed history for a centuries-old dependence on the despotic power of the king, an official, landlord. In Ilyina, the heart and contemplation breathe freely. They require freedom, and their creativity is fading without it. "The heart cannot be ordered to love, it can only be lit by love. Contemplation It is impossible to prescribe that he needs to see and what it should create. The spirit of man is being personal, organic and amateur; He loves and creates himself, according to its internal needs. " This corresponded to the original Slavic freedom and the Russian-Slavic commitment to national religious peculiarity. "This corresponded to the Orthodox concept of Christianity: not a formal, not legal, not moral

lisiting, but liberating a person to live love and to the living conscientious contemplation. This corresponded to the ancient Russian (and church, and state) tolerance to all kinds of innovation and any of the integration, which opened Russia to the Imperial (not "imperialist") understanding of their tasks "13.

The whole life of the Russian people could be expressed and depicted as follows: "A freely contemplating heart was looking for and found his faithful and worthy subject. In his own way, he found his heart of the yurody, in his own way - the heart of the wanderer and the pilgrim; In its own way, Religious Pre-Methanism, Russian Highlighting and Starting; In its own way, he was held for the sacred traditions of Orthodoxy Russian Old Believers; In his own way, the Russian army was completely different in a special way; In his own way, the Russian peasantry was carried out, and in its own way, the Russian boyars of the tradition of Russian Orthodox statehood was hatched. " Ivan Ilyin wrote: "The state form depends primarily on the level of people's legal consciousness. ... It is not easy to introduce a state form in the country, not believing with the level and skills of people's legal consciousness "14.

It should be noted that mature legal consciousness requires civil society, and the legal state, and directly democracy. It is necessary to remember the words of Ivan Ilyina that "Russian legal consciousness has a serious historical heritage. Specific, Tatar Igo, Trouble, Nomad and Robbery Southeast, Razin and Pugachev, Palace Couplings, Revolutionary Movements of the XIX and XX century, Bolshevik Board "15. The Board of Liberals in the 90s did not add to our public to our population. "All this grew up onto the special way of the soul," writes I. Ilyin, - which can be described as flat abnormality as Slavic individualism and Slavic craving for anarchy as natural temperament, like Asian breathing. All this, taken together, developed in the Russian people such an awareness that

low only strong power. Weak power always caused and will still cause a sense of permissiveness and public decay in Russia. "16.

In the present period, the task of finding an equilibrium, its combination, inherent in Russia, between the powers of the state and the powers and the possibilities of self-government, which would meet the national historical traditions, socio-cultural grounds, the level of legal consciousness, political and general culture of the population, and was not a hostage Alien to us Western traditions. Based on the Russian geek, I. Ilin notes, we should remember one and take care of one thing: "... We are called upon to borrow from other nations, but to create our own way; But so that this is our and in our way created was actually true and fine, i.e. Subject "17.

The Axiology of Omniscience Iliny is built through a three-level system of valuables: personal, through the spiritual essence of a person; Social, through family, nation, state; Religious. This allows Ilyin one and the same value to analyze in three planes. For example, freedom is considered as internal human freedom, its spiritual independence; as political freedom, a specific set of civil rights; As "religious autonomy", free love for God. Hence the axiological specificity of the legal consciousness, understood by Ilyin as a relationship between man, society and God.

The Russian thinker does not accept the minimity of human life to material processes, in which the dismissive attitude towards spiritual law leads to the breakdown of society and the state. Following the spiritual laws, cognized exclusively by faith, provides worthy, creative and excellent life. Genuine Christian love always implies self-denial and self-sacrifice. Rejection or rejection of religious faith and love, minimizing human life to the material process

himself lead to mental decomposition, degenerate an awareness, which ends with public disorder and smutch.

Thus, religiosity and love become at I. Ilina the main spiritual and creative strength of the Russian soul and the basis of the authorities, the deepest and powerful source of spiritual update. On this basis, the philosopher considers the objectives and functions of legal consciousness in the development of Russian society and statehood. A Russian man needs to be spiritually returning to his homeland, to his national culture, to learn the Russian idea and implement it in everything in religion, science, law, state, art, work, court, medicine, education. We need "your vision, your faith, your thoughts and a new one state form." It is necessary to win in itself, continues to Ilyin, the spirit of private, personal, party, class interest; It is necessary to climb Russian, All-Russian, united and general; It is necessary to root the heart and will in God's desensit, to unshakfulness.

In general, the state is considered Ilyin as the "autonomous form of the National Spirit", "the fence of the national spiritual culture", respectively, all signs of the Spirit as such, including the main sign - will. According to Ilina, "the state is the beginning of a volitional and effective. His needs and benefits require dusty vision and determination. A regime that is not capable of volitional solutions will be ... disappointing its citizens "18.

At the heart of the concept of power Ilina will to power - only the will "spiritualized", the synthesis of the will of the instinct (person) and the will of the mind (deity). According to Ilina, "Christianity teaches that the divine above the human and spiritual above the material. "Whatever a Christian does, he is looking for, above all, living unity with God is his perfect will to fulfill her as his own" 19.

"Unlike any physical strength, state power has volitional power. This means that the method of its action is on the very nature of its internal, mental, and with the spiritual "20. Here we are talking both about the will of the ruling and oilee

subscribed, because "the normal power of power is not in a sword, but in the authoritarian influence of its volitional imperative" 21. Power is the sphere where the will of various individuals are inevitably faced. The political "Missing consists in the socially focused and legally organized influence of the will of the same, the best and authorized people on the will of other subordinates, and the subordinates are associated not only by the rightness and power of power, but also their own legal consumption." 22.

According to I.A. Ilyina, the legal consciousness in its holistic form represents an inseparable set of four elements: knowledge of law; recognition of law; Fulling law; Fitting right to life. The interdependence and interdependence of law and the legal consciousness, he expressed the following formula: "The right needs to be awareness in order to become a creative life force, and the legal awareness needs the right to acquire an objective basis and objective loyalty" 23.

It is necessary to form the formation and education of personalities that would be felt by the need for the rule of law, aware of the need for the creation of a developed system of legislation, correlated legal values \u200b\u200bwith morality and policies. After all, the nature of the behavior of people in the legal sphere depends on the level and state of legal consciousness. It is through the consciousness and the will of people the right regulates public relations. "So that the rules of the right" worked "to society in its regulatory value and more effectively were carried out in specific legal relations, they must be brought to consciousness of broad masses as common norms of behavior, social values. Otherwise, these rules will remain dead, lose their social importance. "24

The specificization of the goal is the ideal, the image of the future. Thus, the development of the legal consciousness of society is in conjugation with its social and temporary orientation and the sector of goal. and their mutual influence is fixed just on

the level of those elements of legal consciousness, which allocate Ilyin called "Axioms of Ohructures".

Axioms of legal consciousness, according to I.A. Ilyina is the law of spiritual dignity, the law of autonomy and the law of mutual recognition. He emphasizes: Mature anconsciousness, characterized by the fact that a person is consciously and sustainably guided by these laws of the human spirit, is formed by the faithful spiritual and activity experience, which simultaneously affects the development of the individual and its ideological positions, including the attitude towards the right.

The first axiom of legal consciousness is the law of spiritual dignity. "The feeling of self-esteem is the necessary and true manifestation of spiritual life; It is a sign of that spiritual self-affirmation, without which neither the struggle for the right nor political self-government, nor national independence. A citizen, devoid of this feeling, is politically incapacitated; The people, not driven by him, doomed to grave historical humiliation "25. A sense of self-esteem arises only if the person experiences a certain spiritual experience.

According to Ilyina, the function of such spiritual experience is that he must certify the person in his ability to exercise the goal, a life task, to the embodiment of the proper, the necessary image of the future, which is a means for approaching the ideal, be it an ideal of public or personal development. The sense of law becomes the sphere of his aspiration for the ideal, it becomes a clear and understandable goal of law. Ilyin notes that the gradation of life goals is established: the protective and stabilizing goal of the right as unconditional and common to all people and the individual person necessary for the implementation of the personal life goals of a separate person receives an advantage over any conditional and private purpose.

The second axiom of legal consciousness is the law of autonomy. "Being a spirit - an individual or social organization -

cheat determine itself and manage himself; This means having a strength guiding life to good goals. " Self-managed - means willing to decide on its actions and choose your life content, to assert your dignity and your strength and at the same time install and comply with your limits, to defend your powers and fulfill your duties. "The spiritual being appreciates to see and know what kind of good and evil, where the right ends and the duty begins, to find and find, find and decide, decide and acting according to your decision and, making an act, openly confess that he made him consciously and deliberately, following his own conviction and taking over all the responsibility for the deed "26.

The third axiom of legal consciousness is the law of mutual recognition. Ivan Ilyin so formulates his essence: since a person cannot live in society, without communicating with other people, "he inevitably contact him to the spiritual composition of other people, to appeal to him, to influence him, count on him and those organize a joint life" 27 . The law of mutual recognition requires the subject of spiritual experience of respect for the spiritual dignity and autonomy of another person. The third axiom is the concretization of the law of spiritual autonomy. As the philosopher notes, its significance is especially important for legal relations between man and state, man and society.

The lack of mutual recognition leads to the fact that the state and society begin to prevent the implementation of the laws of spiritual dignity and autonomy in the direct life experience of the person. Most often, non-compliance with the law of mutual recognition by the state in relation to society and personality accounts for periods of social, political and economic instability, periods of historical crises, such as the crises of the beginning and the end of the XX century in Russia. Their closest consequence becomes the absence of public

consciousness of the idea of \u200b\u200bpublic development purposes; There are difficulties in restoring the relationship between past, present and future. This leads to distortions in the development of public and personal awareness.

People need to know the laws of their state - this is part of the legal culture of society. "The people who do not know the" laws "of their country - says I. Ilyin, - leads an extra-war life or is content with homemade and unstable laws. People who do not know their duties are not able to and observe them, do not know their limits and powerless against the extortion of the "governor", the Roshovshchik and the robber; People who do not know their authority arbitrarily exceed them or cowardly inferior by force "28.

The formation of a personality legal consumption cannot be eaten, outside the system of social institutions of the state. Therefore, the priority of the state and society becomes the creation of conditions for the improvement of the nation, including the implementation of the system of measures to improve the human consciousness and legal culture of citizens. The effectiveness of transformations in the socio-economic and socio-political spheres of the Company's life depends largely on how consciously - and therefore, all social groups are actively involved in this process, including young people - the most dynamic and energetic part of society. "The active transformation of Russian reality has changed the attitude of the younger generation to the right as a vital value. The views and assessments of legitimate and unlawful behavior, social activities, as well as the forms and methods of development of legal consciousness in the youth environment are changing. According to statistical data, the dynamics of youth crime tends to increase "29. In the youth environment, disrespect for the law, right, legal nihilism flourish. The dynamics of the development of legal consciousness and the development of legal thinking in young people, adequate to public changes, are associated with the solution of a number of tasks, one of which is

mastering young people with relevant knowledge of the social and spiritual value of the right as the phenomena of world civilization, awareness of the inseparable relationship of civil rights and responsibilities.

"Russia needs a new rally awareness, national on its roots, Christian Orthodox in his spirit and creatively meaningful in their own goal. In order to create such an awareness, the Russian heart should see spiritual freedom as the subject purpose of law and the state, and make sure that the Russian person needs to raise a free personality with a decent character and the subject matter will. Russia requires a new state system, in which freedom would disclose fierce and tired hearts, so that the hearts in a new way would stick to their homeland and appealed to the national authority with respect and confidence in the new way. It would open our way to search for and finding a new justice and real Russian fraternity. But all this can be realized only through heart and conscientious contemplation, through legal freedom and subject awareness "30.

I.A. Ilyin repeatedly pointed out that the main task of education and education is not to improve the intellect and not in the development of memory at the expense of useful information, but in the awakening of the heart, highlighting religiosity, love, confidence and sincerity as the basic principles of education "Healthy" legal consciousness, Altruism and mutual assistance, independence and creative initiative, work and discipline, justice, patriotism and nationalism, the preservation of traditions, legal consciousness and inland freedom.

Socio-philosophical study of the concept of the legal consciousness of Ivan Ilina seems to be an urgent task, since it allows you to clarify the originality of the Russian philosophy of law, to reveal the essence and value foundations of the legal consciousness, show their significance in modern conditions.

I.A. Ilyin satuates the legal consciousness of spiritual and value content, based on the "heart contemplation" to know

items. And here is a deficit of such saturation, in our opinion, the process of teaching law in educational institutions.

Faith, love, freedom, will and conscience as universal elements of spirituality are the foundation of legal consciousness, they determine the level of its spiritual and moral development. The "healthy" legal consciousness should be based on the "human spiritual updating", which will be possible only when spirituality is raised by the person with parents and teachers. The main goal of educational activities based on the principles of traditions, patriotism, healthy national identity and predominance of spiritual and moral dominant, voluntary recognition of the discipline, is, according to I.A. Ilyina, the upbringing of a citizen, taking care not only about the personal good, but also about the well-being of society and the state.

Interconnection and interdependence of law and legal consciousness I.A. Ilyin expressed the following formula: "The right needs an awareness in order to become a creative life force, and the legal consciousness needs the right to acquire the subject basis and objective loyalty" 31.

The legal consciousness should be a factor in the harmonization of life, an intermediary between the general formula of the law and a single person so that the formal, strict, consistent and inexorable application of the law does not give rise to inequity. It is necessary, as Ilyin advised, to do everything, "to bring the right to the people to strengthen the massive authority, so that the people understand, knew and appreciated his laws so that he would voluntarily observe his duties and prohibit and loyally used his authority. The right should be a factor in life, a measure of real behavior, the power of the People's Soul "32.

In general, a cardinal reassessment of values, installations of consciousness is necessary. I.A. Ilyin on this was written about the fact that "to build right - does not mean to invent new laws and suppress

orders; But it means to bring up the faithful and all deepening and stringy legal consciousness. " He rightly noted that "if a person wants to see his personal rights fenced and protected, he must invest in his sense awareness in this public legal life and rightly participate in her dispensation" 33.

Summing up, it can be noted that legal awareness is a very complex phenomenon that has various aspects of philosophical, legal, socio-political and moral content. It is a sphere of public consciousness and is an element of legal life. With the change in the approach to the essence of the right, his role in the life of society, with a fundamental reassessment of values \u200b\u200bin the field of law, including the category of legal consciousness, is especially important to revive, evaluate and implement the entire accumulated spiritual and value potential in this area. This will allow the right-to-consuming spiritual and moral basis. The right effectively when it is morally substantiated in the minds of the people.

1 Vengerov AB The theory of state and law: a textbook for legal universities. M., 2000. P. 482.

2 Ilyin I.A. On the essence of legal consciousness // I.A. Ilyin. Collected Works: at 10 t. T. 4. M.: Russian Book, 1994. P. 210.

3 Ilyin I.A. On the essence of the awareness. M., 1993. P. 113.

4 Okra A.N. Ohmologist - central category of philosophy of law I.A. Ilyina // State and Law. 1999. No. 6. P. 87.

5 Ilyin I.A. About the state and democracy // Soviet state and law. 1991. No. 11. P. 112.

6 Ilyin I.A. On the essence of legal consciousness // I.A. Ilyin. Collected Works: at 10 t. T. 2. M., 1993. P. 140.

7 Ilyin I.A. On the essence of the awareness. M., 1993. P. 22.

8 Ilyin I.A. On the essence of legal consciousness // I.A. Ilyin. Collected Works: at 10 t. T. 4. M.: Russian Book, 1994. P. 155.

9 Ilyin I.A. Russia is a living organism // Russian idea. Digest of articles. M., 1992. P. 433.

10 Lydyaeva S.M. Russian society in modernization (socio-philosophical analysis). Ufa: ed. Bashra, 1998. P. 113.

11 Ilyin I.A. On the essence of the awareness. M.: Rarog, 1993. P. 110.

12 Ilyin I.A. About Russian culture. // I.A. Ilyin Collected Works: at 10 t. T. 6. KN. 2. M., 1996. P. 564.

13 Ilyin I.A. Collected Works: In 10 tons. T. 2. KN. 1. M., 1993. P. 419-431.

14 Ilyin I.A. Our tasks. Collected Works: T. 2. KN. 1. M., 1993. P. 47.

15 there. P. 409.

16 ibid. P. 409.

17 Ilyin I.A. Collected Works: In 10 tons. T. 2. KN. 1. M., 1993. P. 419-431.

18 Ilyin I.A. Collected Works: In 10 tons. T. 2. KN. 2. M., 1993. P. 197.

19 Ilyin I.A. The world before the abyss (part III). Analytical notes and journalism. M., 2001. P. 325.

20 Ilyin I.A. Collected Works: in 2 tons. T. 1. M., 1993. P. 196.

21 ibid. P. 196.

22 ibid. P. 197.

23 Ilyin I.A. On the essence of the awareness. M., 1993. P. 40.

24 Bura N.A. Functions of public awareness. Kiev: Nookova Dumka, 1986. P. 86.

25 Ilyin I.A. Collected Works: in 2 tons. T. 1. M., 1993. P. 211.

26 there. Pp. 233.

27 ibid. P. 255.

28 Ilyin I.A. On the essence of legal consciousness / / I.A. Ilyin. Collected Works: 10 t. T. 4. M.: Russian Book, 1994. P. 160.

29 Russian Statistical Yearbook // Statistical Collection. M., 2001. P. 273-276.

30 Ilyin I.A. Collected Works: In 10 tons. T. 2. KN. 1. M., 1993. P. 419-431.

31 Ilyin I.A. On the essence of the awareness. M., 1993. P. 40.

32 Ilyin A.I. On the essence of the awareness. M., 1992. P. 159.

33 Ilyin I.A. The path of spiritual update // I.A. Ilyin. Collected Works: at 10 t. T. 1. M.: Russian Book, 1994. P. 226.

The legal consciousness of society, individual groups, individuals are organically related to the right, legal culture, as holistic social institutions, with their occurrence, functioning and development, with legitimate and law enforcement, other parties to legal reality. Without appeal to this topic, it is unlikely possible any serious study of diverse conscious and creative processes in law-making and law enforcement.
According to I.A. Ivannikova, "Omlustration originated in a early-grade society from real legal relations, and his spiritual soil was myths, religious beliefs. Legal thought existed for a long time in the Lona of mythological and religious consciousness. In the Middle Ages, the legal consciousness was characterized by: 1) differentiation on class-class affiliation, adopting public inequality as a natural phenomenon; 2) dependence on religion. "
At the same time, the sense of consciousness is one of the forms of public consciousness, along with political, religious, philosophical, scientific, etc.
"It's impossible for a person who cannot have an allegation - writes I.A. Ilyin, "he has anyone who realizes that there are other people in the world besides him. A person has an authority regardless of whether he knows about it or does not know, values \u200b\u200bthis heritage. All the life of a person and all of his fate are composed with the participation of ancimunity and under his leadership; Moreover, live - means for a person to live by an official, in his functions and in terms: for it remains always one of the great and necessary forms of human life. It lives in the shower and then when there is no positive right, when there is no "law", nor "custom"; When no "authority" has not yet spoke about "legal", correct behavior. "
In the Soviet theory of state and law, the legal conspence was considered from class positions. "Omlustration is a form of public consciousness, acting as a system of views, beliefs, assessments, ideas, sentiment, senses of this class or society, determined by the material conditions of their life aimed at establishing a legal regime in society that meets the interests and goals of this class or society" , - writes E.A. Lukashev.
Modern ideas about the legal consciousness are far away. So, N.L. Granat notes that "legal consciousness reflects the legal reality in the form of legal knowledge and appraisal relations to the right and practice of its implementation, legal installations and value orientations governing behavior (activities) of people in legally significant situations."
T.V. Sanyukov determines the legal consciousness as a set of ideas and feelings expressing the attitude of people, social communities to the current or desirable law, because "the legal consciousness is a very independent, holistic and, even" appearing "right phenomenon, requiring study as a special object of legal theory through which The theory of the right "comes out" to such intimate questions, as the essence of the right, its genesis, the cultural specificity of legal regulation under one or another civilization ... ". O.F. The champ believes that "the legal consciousness not only expresses the attitude of the individual to legal reality, but also sends it to certain changes in the legal environment, predicts and simulates them." V.A. Souslov interprets the legal consciousness as a diverse alloy of ideology and psychology, which includes a totality of ideas, knowledge of the right and legal reality, as well as emotions, orientation, addictions and attitudes that arise in connection with the legal behavior of people, law enforcement activities, etc.
According to O.G. Shchedrin, "Ohm of consciousness is a form of consciousness, expressing attitudes towards the state in force and the desired law, to the practice of its implementation, which is formed on the basis of the knowledge gained and national characteristics, existing in each person who is able to know, understand and relevant management of themselves (subject of law ), and regardless of its level, the type and stage is able to regulate legally significant behavior of both legitimate and illegal carrier. "
THEM. Hil under the legal consciousness understands the "region of consciousness, reflecting legal reality in the form of legal knowledge and evaluation relations to the right and practice of its implementation, legal installations and value orientations that are able to form people's behavior in legally significant situations in the future."
At the same time, to determine the category of legal consciousness, it is necessary to take into account the personal factor, since "the legal consciousness is a purely subjective phenomenon; It consists of the ideas of people about the right (the current, belonging to the past epochs, desired), from a subjective attitude to the very phenomenon of law, its values, from legal psychology and even from an individual or massive emotional reaction to the right, sometimes intuitive, subconscious (as Let's say the reaction to violation of the norms of the written law). " Therefore, reflecting the objective needs of social development, human awareness predetermines and motivates its appropriate behavior, gives the targeted nature of any human activity.
Therefore, it is advisable to determine the legal consciousness through a system of legal senses, emotions, ideas, views, assessments, installations, ideas and other manifestations expressing the reflection of the members of society as an existing law, to legal practice and to the desired law, to other legal phenomena.
All of the above testifies to the complexity, ambiguity and specificity of an understanding of the awareness, which is the source of any self-government, since its content depends on the will and feelings feed on personal imagination. "Occurrence is a special, purely inner world of man, - Writes V.I. Shepelev, - reflecting all the variety of legal reality and has access to the level of society and social groups. "
Thus, under the legal agency, it is necessary to understand the combination of views, ideas, feelings, knowledge and experiences, motivating the legitimate behavior of citizens and reflect their attitude towards the current and desirable law.
In legal literature, opinions were also expressed, according to which the legal consciousness was identified or closely climbed with the right. Such a position seems controversial. The legal consciousness is one of the forms of public consciousness. The formation and development of legal consciousness is influenced by political, economic, socio-cultural factors. It is interconnected and interacts with political consciousness, morality, art, religion, philosophy, science.
The close relationship of an awareness and political consciousness gave reason to use in the legal and philosophical literature of the term "political and legal consciousness". However, the close relationship between the names of consciousness does not exclude the qualitative differences between them. Political consciousness reflects the political relations of society, the core of which form relationships between social groups, classes, nations, nations, their relations to the state. Political consciousness expresses intra and interstate relations in a generalized, concentrated form. Legal consciousness reflects the legal relationship between the participants of the legal life of society. The scope of legal consciousness includes legal phenomena that receive a political assessment, but in their essence, internal quality are not political. Thus, for example, it is dealing with social, economic, cultural rights of a person, relations in the field of agriculture and water use, the rules for environmental protection, protection and humanization of labor.
At the same time, it is necessary to understand that, as independent, autonomous phenomena, legal consciousness, political consciousness, other forms of consciousness are abstractions. In real life between them there are no impermeable partitions, a special department of consciousness that is only responsible for analysis, let's say, legal or political phenomena. Legal reality reflects, each at its own angle of view, and moral, and political, and economic, and religious and other forms of public consciousness. The specificity of the human consciousness is that it reflects the legal reality through the prism of due, from the standpoint of the principles of the principles, regulatory submissions in society and does it in the concepts of the rights and obligations of subjects of public life. It has an estimated nature, and not only the right itself is exposed to the assessment, but also what is subject to legal settlement. It reflects the "Legal Nature of Things", i.e. The objective properties of social processes, deeds, public relations that require regulatory evaluation.
Occurrence is not only a reflection in the consciousness of society, the social group, the personality of legal relations, legal establishments, the assessment of the current law, but also a means of influencing the legal system of the state, since the legal consciousness is also thoughts, ideas about the desired changes in the right.
Orthodology as the most important component of the legal life of society interacts with other elements of the legal system: legal norms, principles, institutions, a set of legal institutions, law-conducting and related processes, legal relations. These mutual relations and the interaction of elements of the legal system make it possible to submit to the unity of the legal direction of social life.
The structure of the legal consciousness can be considered in the gnoseological (cognitive) and sociological aspects. With a gnoseological approach, the legal consciousness is interpreted as a reflection of legal reality, one of the forms of its knowledge. With sociological - investigated from the point of view of its place in the system of social phenomena and roles in the development of society as a whole.
The structure of the legal conspence considered in the epistemological aspect consists of two levels of reflection of legal reality: legal ideology and legal psychology.
Legal psychology is the amount of legal mental manifestations (emotions, desires, feelings, sentiment), reflecting the various legal aspects of public life and characteristic of a particular person, social group or society as a whole. It arises from the direct influence of the surrounding legal reality and is the first step of the legal consciousness.
Legal psychology is a direct reflection of the vital relations of people living in the state-organized society, the components of the nation, nationality, classes, groups of the population. In the formation of legal psychology of the social group, the Company as a whole participate all members of this group, of the whole society. At the same time, people are guided by their everyday consciousness, common sense. Legal psychology is understood as a reflection of the immediate experience of participating in the legal sphere of society. Legal psychology is a legalware practical, based on legal feelings, experiences, it is associated with the elementary knowledge of the legal facts, phenomena, their assessment, expressed in both legal feelings, and in legal skills, habits.
Legal ideology is a system of imbued inner unity of scientific provisions, ideas, theories and teachings characterizing the legal system that takes place in the development. It is higher, compared with legal psychology, the scientifically theoretical level of legal consciousness, deeper understanding by people of legal phenomena of public life.
In the ideological sphere of legal consciousness on the basis of priority sensual material, the final design of ideas and ideas about legal reality occurs.
The formation of legal ideology is carried out as a process of theoretical awareness of the interests, goals and objectives of society, the state, individual. Legal ideology provides justification for established or alleged legal relations, roles of law, legality and law enforcement. Law court scientists, practical workers of legal institutions, political figures are involved in the development of legal ideology. Essentially, we are talking about the formation of legal consciousness at the theoretical level, in which professionals are involved.
In the development of legal ideas, theoretical problems of law, legal regulation, specialists rely on accumulated knowledge, summarize the experience of the legal life of society, take into account the positive and possible negative consequences of adopted legal acts, structural changes in the system of legal authorities, in their operation under certain indicators in the socio-political , economic and cultural life of society. In the formation of legal ideology, competent specialists involved in specific sociological research materials, statistical data on the state of the economy, demographic processes in society, take into account public opinion, mood in separate social groups, painting and dynamics of offenses.
Thus, the main difference between legal ideology and legal psychology is not only that they reflect public Being and public legal reality with the help of various social instruments: the first - with the help of ideas, theories, the second - with the help of emotions and other mental manifestations. If the reflection of public existence in legal ideology occurs at the level of theoretical, scientific awareness, theoretical knowledge and assessments of legislation, law enforcement, legality and other legal phenomena, then such a reflection in legal psychology is carried out, first of all, at the level of ordinary, everyday consciousness.
Sociological analysis of the structure of the legal consumption allows you to allocate in it three components - informative, estimated and practical legal awareness. In line with such an analysis, researchers also consider the question of the functions of legal consciousness, allocating, as a rule, the following: cognitive (gnoseological), estimated and regulatory.
According to V.I. Kaminskaya and A.R. Ratinova, the results of the functioning of the legal consumption are legal training, value attitudes to the right, the practice of its application, legal installation and orientation, and empirical indicators are subject to legal knowledge and skills, evaluation judgments (opinions) and, finally, behavioral positions (solutions).
The cognitive function of the legal consciousness performs the problem of reflection of legal reality and consists of a number of consistently emerging mental formations: sensations, mainly auditory and visual; perceptions; memory that accumulates legal knowledge through memorizing processes, reproduction, recognition and expresses them in the form of various legal representations; Thinking, which is the highest cognitive process, the product of which is legal ideas, concepts and beliefs.
However, learning legal reality, citizens show a certain attitude towards it (the estimated function of legal consciousness) through mental emotional processes and conditions (emotions, feelings, moods, affects, passions).
The practical side of the legal consumption that carries out the reasonable implementation of the intentions of a person is the will (the regulatory function of legal consciousness). It covers: clarification of legal knowledge, the internal coordination of emerging motivations with the established legal beliefs and with an existing objective reality, which includes a system of legal norms and values \u200b\u200bcurrently operating in society, the definition of the goal, the decision and, finally, the execution of the decision in the legal sphere.
Sometimes the modeling function is distinguished - the formation of a behavior model that is regarded as necessary.
According to some scientists, the functions of legal consciousness have a kind of hierarchy. The most important, for example, is declared a gnoseological one.
A variety of classifics classifications are possible. The most common - qualifications on its subjects and from the positions of the social level.
Types of allegations on its subjects in generalized form appear as an individual, group and public law.
Public legal consciousness includes legal ideas, views, opinions, theories common in this society and reflecting the typical properties of its legal reality. It is objectified in legal culture, legal science or ideology; in legislation, since it is accepted by the state body; in mass views, ideas that are reflected, in particular, in the press; In all ideological institutions - such as politics, morality, art, religion, etc.
Before the public consciousness penetrates the psyche of individual citizens, it becomes a collective consciousness of social groups.
Features of group skills are explained by a number of factors. The first of them is that in any commonality there is a specific subculture, i.e. Its normative values, which, above all, affect the assessments by members of the group of the current legal system. The second factor is the differences in the interests of socio-demographic groups associated with the inactivity of their places in the social structure, and therefore, with a different attitude to property, the distribution system, to power - in a word, to public build and standards, its decisive, fixing and regulating.
Individual legal consciousness is the result of the socialization of a separate person and the assimilation of the group and public awareness, mediated by the peculiarities of his life path. Collective forms of consciousness plus personal experience - this is what forms the basis of the perception of legal reality by each unique personality.
V.A. Schehchertsov rightly notes that the human general consciousness is mediated by the social and group allegations themselves, of which a person draws his ideas about the rights and obligations, the concept of legality or the illegality of the deeded, etc.
The public consciousness is preceded by the consciousness of individuals, and they are forced to reoperate their perception of reality with the one that has been developed before them and which is absorbed by it in the process of socialization. This, in particular, is manifested in the fact that the consciousness of society is materialized in various social institutions. Legal norms issued by the state laws, legal science, etc. - This is a kind of objective legal consciousness, in which the experience of not only contemporaries is accumulated, but also of all previous generations involved in legal relations.
From the positions of the social level, the legal consciousness is divided into ordinary, scientific and professional.
Oll, the permanent consciousness is mainly formed under the influence of the immediate living conditions of people, their personal life experience. In everyday consciousness, a rational sphere is allocated - the amount of knowledge about the objective world, skills, skills that are necessary for everyday activity of each and form its conscious basis. This sphere of empirical origin is the result of individual experience.
In addition, an emotional region is allocated in the everyday legal consciousness - a psychological attitude towards the facts of legal reality, manifested in emotions, mental experiences, installations. The peculiarity of everyday awareness is that psychological elements play the greatest role in it. Miden consciousness is very limited. Its boundedness is due to the narrowness of its source - individual experience.
Scientific anconscons is developing on the basis of broad and deep legal generalizations, and its content is mainly constituted by legal ideology, a system of theoretical legal knowledge.
Professional anconscons - this is the legal consciousness of lawyers, i.e. The commonality of people who is professionally engaged in legal activities and requires special general education or practical training.
Professional anatoment is a collective form of legal consciousness, which acts as a system of legal views, ideas, ideas, installations, value orientations, feelings, emotions and other structural education of human rights, professionally engaged in activities requiring special educational and practical training. This community of people includes persons engaged in scientific labor, teaching legal disciplines in higher and secondary specialized educational institutions. Professional lawcraft lawyer is a scientifically based, slender system of legal knowledge, beliefs and the feelings he is guided in its activities. Professional legal consciousness in terms of reflection of the right refers to theoretical consciousness. It is formed in the process of knowledge of the legal system of society, the essence and role of the right, the study of various legal actions. For a professional legal consciousness of a non-specialist, the assimilation of legal knowledge as a system, an understanding of the relationships of various legal norms, an idea of \u200b\u200bthe impact of the right to public relations, on the motives of personality behavior in the legal sphere. Professional lawcudent of a lawyer, together with the system of theoretical knowledge of the general principles of law, the legal life of society, also includes certain systematic knowledge in any particular area of \u200b\u200blaw - for example, civil, financial, trade, labor, family, administrative, environmental, criminal, etc. .
Numerous empirical studies show that various professional groups of lawyers are unenocomy perceived legal reality. The judge assesses the legal reality otherwise than the prosecutor, the prosecutor - otherwise, than a lawyer, the investigator - otherwise than an expert criminalist, the Bank's adviser - otherwise than the teacher of the Faculty of Law, etc., although they all have received a higher legal education. Such a motley manifold of legal consciousness is explained by the fact that it would seem that a single theoretical view of the right is refracted through functionally different types of practical activities, including legislative and law enforcement.
The legal consciousness of lawyers can be considered and analyzed as a system because it has a distinctly pronounced system-forming factor or integral quality.
Separate integral properties of legal consciousness were studied in the scientific literature (for example, its structure). It highlighted such subsystems as legal knowledge, views, ideas, installations, orientations, feelings, positions, behavior skills, etc. The legal experience and false (mythical) legal structures are also highlighted in the structure of the legal consciousness. A fundamentally important property of legal consciousness of lawyers as a systemic education is its ability to self-organization.
Professional lawcudes of the lawyer has regulatory impact on its legally significant behavior. First, professional anconsciousness contributes to the awareness of the specialist of the goals of legally significant behavior. Secondly, it helps the lawyer "see" a set of possible means of achieving these goals and choose specific tools from some multiple possible. Especially distinctly regulating the impact of professional legal consciousness "is viewed" in the situation of the choice of law-abiding or unlawful means (actions, acts, etc.) when solving a specific law enforcement, for example, with a detention of a person suspected of committing a crime.
Thirdly, professional legal consciousness helps a person engaged in legal activities, correctly assess the social efficiency of the problem of solving the problem of solving the task, to comprehend the final results of professional activities.
The most important role is played by professional anconscons in the implementation of such a type of legal activity as the use of law.
The fact that legal consciousness largely determines the quality of law enforcement activities, has been noted by many researchers of professional legal consciousness. For example, in the work on the analysis of the professional legal consciousness of employees of the internal affairs bodies, it is noted: "The dependence of the effectiveness of the activities of the internal affairs bodies from the state in which the professional awareness of their personnel composition is located (and, consequently, from the deformation) is fundamental." V.V. Lapaeva points out that the law enforcement awareness is an independent factor in the effectiveness of law enforcement. For the same occasion of A.S. Pigolkin notes: "The necessary condition for the right and deep conclusions in the study of the circumstances of the case is a high level of legal consciousness of workers engaged in the application of law. The legal consciousness is designed to correctly determine the steepness of the studied facts, to schedule the right paths of their research, use scientific methods of knowledge and evaluation of such data. " N.Ya. Sokolov writes that by virtue of the organic unity of consciousness and activities, the legal consciousness of a professional lawyer is inevitably manifested at each stage of the law enforcement process.
The legal consciousness of a law enforcement lawyer is very specific - reflects the peculiarity of the legal profession as such (professional agency) and the features of such a type of activity as the use of law. Among these features, there can be difficult conditions for such activities (lack of information, constant stress, possible conflicts, etc.), increased responsibility for the results of their work, as the acts of application of law are official documents that influence the fate of a particular person.
N.N. Vaganko so determines the legal consciousness of law enforcers: "This is due to the specifics of the social role and law enforcement activities, a professionally emerged system of legal ideas, views, knowledge, feelings, value orientation, which determines the lifestyle and motives of the law enforcement."
Consider in more detail, in the stages of law enforcement, the moments in which the professional legal consciousness "connects" to the process of application of law.
It is known that the application of the rules of law requires a thorough preliminary establishment of actual circumstances in the case. At this stage, professional rally performs an orienting function: it is necessary not to simply establish the essence of what happened, but to select and build an empirical material, social facts that their legal evaluation subsequently become possible.
The application of the norms of law is usually determined by the authorities regulated by the state, the authorizing activities of the competent authorities, officials and organizations on individualization of the norms of law for a single case, a specific subject. Whether the commission of such an act by a lawyer implies the imposition of the conclusion of applicability to this particular case or situation of a certain rule of law. The law enforcement every time solves for itself, is it true that a certain legal rule applies to the actions of a particular person.
A decisive role, professional legal consciousness of the law enforcement performs at the stage of legal qualifications of established facts from the point of view of the elected legal norm. Obtaining answers, let's say to questions about whether it is the composition of the offense or not, how these facts should be built in terms of the logic of proving guilt, collecting and evaluating evidence, the definition of possible legal consequences and other analytical procedures are carried out only with the help of sufficiently developed legal legal Knowledge, legal attitudes, legal worldview as a whole.
In general, the system of legal consciousness is a legally significant behavior of the law enforcement, operates with the help of a group of "transfer mechanisms". Note some of them:
1. Such an impact of legal consciousness on behavior is carried out with the help of the conscious intention of the law enforcement.
This refers to the situation when the law enforcement consciously puts forward a goal provided for by law, identifies its own goals with it and, accordingly, builds the entire strategy of a specific legal relationship.
2. The impact under consideration is carried out through the recognition of practical situations and the circumstances of the law enforcement "from the point of view of the rules of law". This path allows him to find the optimal version of legally significant behavior, comparing "what is required by law" With "what is in life". His professional legal consciousness "serves as the basis for the interpretation of regulatory acts", the means to ensure the replenishment of gaps, inevitably in them arising, the means of finding the specified optimum, finally, the means of feedback, that is, the development of assessment of conformity or inconsistency of their actions rate of law.
3. The execution of legally significant actions by the law enforcement is associated with its professional legal consciousness and is carried out through the mechanism of formation and operation of installation facilities. Installation on respect for state power, law, law enforcement as an integral part of professional legal consciousness is one of the conditions for positive (legitimate) legally significant behavior of the law enforcement.
4. Transformation of professional legal consciousness worker-law enforcement in its legally significant behavior occurs through the formation of the corresponding "I-image". Many researchers point out the extremely important role of this socio-psychological characteristics of the personality in the formation of human behavior.
Transfers the professional legal consciousness of the law enforcement into legally significant behavior and such a transmission mechanism as a role performed by him. The behavior of a person derived from the nature of the so-called "social role", which is entrusted with a person with a society, a group or a specific situation. Roleplay, "played by" entities of law enforcement, impose a serious imprint on their professional activities.
OG Shchedrin considers it necessary to consider the legal consciousness in the dynamics, for which it proposes to introduce the concept of the "Stage of Afficient". Stage (from Greek. Stadion) is a certain step, period, stage in the development of something, having its own qualities, features. The stages of legal consciousness are the progressive development of legal consciousness at any level: ordinary, professional, scientific. At each of them, the skills can develop, and may remain at the lowest stage. This development occurs during the life of both a person and many generations. The need to introduce stages of legal consciousness is determined by the fact that it is a dynamic process involving development with age, life experience, under the influence of legal education, state-legal ideology and other circumstances.
According to Shchedrin, there are three stages of legal consciousness: 1) humility; 2) law awareness; 3) Fight for the right.
The first, the lowest and undeveloped stage of the legal consciousness is humility right. Such legal awareness is manifested as initial and born under pressure from the state, religion and all supporting the right of forces. I.A. Ilyin compared such an awareness with "an ignomotion of an embittered slave. Such an awareness was forced to reckon with the right and submitted, but did not recognize what it was conquer. "
It submits the power of law. People endowed with such ancalciousness are not able to realize all the usefulness of law and legal institutions. They are able to endure the oppression of someone else's strength, whether it is presented in the form of legal manifestations or not, perceiving the current situation as proper, and never achieve their rights, perhaps accidentally. They persogenously pay taxes and believe that the state should take care of them. But in the event of a conflict, when, for example, any official for something penalizes, as a rule, they don't even try to complain and seek the restoration of their disturbed rights, justifying themselves by what they say, they still will not achieve anything from the state.
But at the same time, these people themselves are capable of illegal actions: they can safely take what "badly lies", justifying themselves that since the state does not care about them, it means that the state is holy. "Becoming a small official," Shchedrin writes, "such a person certainly begins to humiliate others, the same as he, thereby supporting both the idea of \u200b\u200binjustice of legal regulation and the inability to achieve any legal way." There are many such people in modern Russia. They are found at any level of social and professional staircase. People with the "slave" anconsciousness are patient and cowardly in front of strong and evil and degrading towards weak. Such a person, without taking respect for the work, humiliated by the boss, will continue to humiliate in front of him, and not fight for his rights, will splash out his own malice on those who are still weaker: his wife and children. Such anScondence "blew the will to the weather and confidence that everything is allowed for strength." However, as soon as such a person, for example, an official, receives a rebuff in response to attempts to humiliate someone, he immediately changes his attitude. He sees someone else's power and is afraid of her. People have such an equalization at all because they do not know their rights, but due to the nature, upbringing and dominance of such an awareness in society.
The second stage of an awareness is awareness of law. The transition to it is due to mental activity through a reasonable awareness of the value of law and its need. The right to be not only "is consciously thought and verified by experience, but also recognized by the will of man." People who possess such an awareness are aware of all the usefulness of law, including for themselves, and, as a rule, respect him. If the right, in their opinion, for any reason is not worthy of respect, and the fight against it and for it, due to the restrictions related to the nature, it turns out to be unacceptable, they remain loyal to the right that there is perhaps making it sometimes attempts to change For the better, participating in scientific disputes, and if they can break through, then through law-making, etc. As I.A. wrote Ilyin, "Only free recognition of the right is not humiliating for a person, only it can adequately resolve the tasks of lawmaking." People at such a stage of law are law-abiding, but are usually passive in cases where it is necessary to fight for their rights.
The struggle for the right is the highest stage of an awareness. Its achievement is due primarily to mental activities - the awareness of the need for such an active struggle, in contrast to the awareness of law. Moreover, such a struggle begins with speeches for "right in the subjective sense" (ie, for maintaining and implementing fair powers, duties and proximity), and in the end is the struggle for the right in the "objective sense" (that is, for updating the legal Norm) - they mutually suggest and justify each other.
The idea of \u200b\u200bthe need to struggle for the rights as the obligations of each citizen of his state was first expressed in 1872. Rudolph von Jering in the book "Fight for the right".
We believe that any respectful society is obliged to strive to ensure that the overwhelming number of its members is at the stage of struggle for the right. Only society with such an authority can be the guarantor of the prevalence in the state of law, and not lawlessness.
At the same time, finding a person at a particular stage of legal consciousness does not determine the presence or absence of legal nihilism. So, the person, being at the stage of struggle for the right, may not believe that the state and the right is able to protect it, and resort to non-law methods in order to defend their rights. Nevertheless, the stage of public allegations determines whether nihilism will be accepted as something inevitable or society will fight with him.
Thus, "the stage of legal consciousness is a certain step in the development of individual, public or state-owned awareness, which defines the attitude towards the idea of \u200b\u200blaw and to combat the wrong time at the moment."