The category of «legal consciousness» in foreign legal theory: a doctrinal review

the paper provides a doctrinal review of the category of "legal consciousness" in foreign legal theory. The author notes that interest in foreign experience is determined by a number of circumstances: the possibility of searching for new solutions to existing problems in the analyzed area; enrichment of the legal doctrine; replenishment of theoretical "baggage" for practical activities. The paper attempts to provide a discrete overview of the category of "legal consciousness" in foreign legal theory using some scientific works as an example. Based on the results of the study, a number of conclusions have been made. In particular, it has been noted that the main modern areas of foreign research into legal consciousness are reduced to the following areas: the influence of social experience on the formation of legal consciousness; identifying mechanisms for interpreting legal norms in people's consciousness; taking into account the role of legal ideas in childhood and adolescence on the formation of consciousness of the law; establishing the relationship between the legal system and the formation of legal consciousness; studying the attitude of various social groups to the law. An analysis of foreign literature shows that the basis for the formation of "normal" legal consciousness is the legal system. The observation of those scientists who argue that legal consciousness is not a static category is correct. It is proposed to consider legal consciousness in two planes using foreign studies as an example: through an empirical variable and as a certain component of the legal system. It seems correct to assert that the stability of legal consciousness can be achieved by the following: clarity of legal norms and laws; strict observance of the law; ensuring the protection of the individual; inevitability of responsibility.

legal consciousness, knowledge of law, law, consciousness, foreign experience, doctrine