The Subject of Legal Consciousness: Socio-Philosophical Analysis

In: Obščestvo: filosofija, istorija, kulʹtura = Society : philosophy, history, culture, Heft 11, S. 75-82

Abstract

The author turns to the analysis of the problems of the subject of legal consciousness in a socio-philosophical context. The concepts of public and individual consciousness are differentiated in the light of the definition of their attitude to legal reality. The influence of external sources of information (mass media, Internet) on the formation of the subject's legal consciousness is highlighted. Various points of view of legal theorists on the correlation of social and individual are considered. The author's understanding of it as a paradigm "subject – his social nature" is outlined. The author emphasizes the substantive and functional separation of natural and positive law, which is positioned as the basis for determining subjectivity within the framework of their applica-tion. The question of the existence of forms of positive law focused on the regulation of social relations in their diversity is outlined. The role of practices as social forms of the existence of law and legal consciousness, as well as hermeneutic spaces and procedures that define the existence of law is substantiated.