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This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. Legal ideology and legal psychology appear as levels of legal culture. A significant part in law enforcement and all of its realization forms is assigned to classifications of legal consciousness according to a number of subjects (group, individual, mass consciousness), and according to the content (common, professional, doctrinal consciousness). Legal culture is considered as legal consciousness with a positive content.

La conscience du droit, en tant que concept théorique et sujet de recherche empirique, a été développée pour traiter des questions d'hégémonie juridique, en particulier la manière dont le droit maintient son pouvoir institutionnel malgré un fossé persistant entre le droit des livres et le droit en actes. Pourquoi les gens acceptent-ils un système juridique qui, malgré ses promesses d'égalité de traitement, reproduit systématiquement les inégalités ? Des études récentes ont à la fois élargi et réduit la portée du concept, tout en sacrifiant une grande partie de son potentiel critique et de son utilité théorique. Plutôt que d'expliquer comment les différentes expériences du droit sont synthétisées dans un ensemble de schémas et d'habitudes en circulation, la littérature observe ce que certains individus pensent et font. Parce que les relations entre la conscience et la dynamique des phénomènes idéologiques et hégémoniques restent souvent inexpliquées, la conscience du droit en tant que concept analytique est instrumentalisée dans le cadre de projets de politiques : produire des lois spécifiques plus efficaces pour des groupes ou intérêts particuliers.

This Comment is a reply to Professor Orly Lobel's The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics, 120 HARV. L. REV. 937 (2007). Her central insight—that all forms of social action "potentially have cooptive as well as transformative effects"—is elegant in its simplicity and yet radical in its implications. Lobel argues that just as earlier reformers may have been seduced by the "myth of rights" into privileging legal reform over political action, the current scholarly orthodoxy—which she identifies with "critical legal consciousness"—is overly determined by an equally pernicious "myth of activism" that devalues the contributions of legal reform to transformative efforts and instead promotes "extralegal" activism. I want to build upon the foundation that Lobel has painstakingly erected to illuminate a scholarly perspective that understands legal reform strategies as presenting a set of basic tradeoffs analogous to those presented by other techniques of social transformation. I do this by grounding Lobel's theoretical account in the practical reality of contemporary public interest advocacy. In particular, I contend that if we look to what lawyers are doing in practice, we see a more optimistic picture of legal activism, one in which lawyers and their allies are quite thoughtful in their power analysis of legal strategies and skillful in their navigation of the shoals of cooptation. This practical vantage point allows us to reframe Lobel's analysis in two important ways. First, it challenges some of the assumptions underlying the critique of legal cooptation. Specifically, what we know about practice suggests that while some lawyers surely push legal activism at the expense of movement energy, there are many who defy that categorization. Second, attention to practice complicates Lobel's story about the turn to "extralegal" activism "outside" the law. A broader view of contemporary practice reveals a response to the critique of legal cooptation that is not trapped "outside" the law, as Lobel argues, but rather is sophisticated in operating across "legal" and "non-legal" fields. It is in this sense that current practice has outstripped Lobel's critique of extralegalism, embracing a version of what I call constrained legalism, which strategically deploys law in a way that is neither utopian in its hopes for legal reform or rejectionist in its dismissal of legal avenues of transformation.

In this essay, we make a case for reading narratives from the great story collections of medieval India as evidence of legal consciousness. We attempt to redirect the largely empirical approach of legal consciousness studies toward the literary and historical analysis of Sanskrit texts. In so doing, we move beyond a legal history of India that focuses too narrowly on the texts of Sanskrit jurisprudence. We conclude that such analysis provides insight into both the literarily constructed image of law as the hegemonic domain of elite Brahmins and kings and the assumptions and awareness of law and legal procedure among ordinary people in this historical context.

Nation-states turn themselves to 'the law' to limit the presence of migrants without a legal status on their territory. Yet, they encounter several limitations that hinder them to make these migrants (forcedly) leave the country. Moreover, these migrants see themselves confronted with undesirable living conditions because of the law. This raises questions on the functioning of the law for unauthorized migrants. Unravelling unauthorized migrants' legal consciousness processes offers answers to the intriguing puzzle of how law matters to these migrants and how this is of concern for the law. Drawing on multi-sited ethnographic fieldwork among 105 (former) unauthorized migrants in the Netherlands, Surinam and Nigeria as well as participant observations in the Dutch immigration system, the study vividly portrays unauthorized migrants' legal consciousness processes over time. By doing so, it gives these people a voice in the migration debate and sheds new light on the powerful and powerless functioning of the law in this domain. By combining insights from anthropology, border criminology and socio-legal studies, the book exposes the legal, moral and instrumental limitations of the current use of the law towards unauthorized migrants

"This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England's common law. The laity's legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period"--

The section, where the role of legal consciousness and legal culture in building a legal state is highlighted, and for this purpose, first of all, the issues of improving the legal immunity of each person, the level of legal literacy, serves to expand our people's legal consciousness.