The relation between the bases of law-making and legal awareness as a factor of social and legal relations
Соотношение оснований законотворчества и правосознания как фактор целостности социально-правовых отношений

Leonid Karnaushenko
2020 Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia  
The article is devoted to the problem of the relationship between the value and purpose aspects of law-making on the one hand and the foundations of legal awareness on the other. The article analyzes the main factors influencing the process of formation of legal norms. The general meaning of law in society and its functional meaning are analysed. Factors of interaction between law and society at different levels of social organization are assessed. The main forms of attitude to legal norms are
more » ... to legal norms are considered. A mechanism for assessing the law at the level of an individual world view is disclosed. The importance of the relationship between the bases of law-making and the bases of assessment of the field of law is investigated. The question was raised as to how they could be brought into line with each other. The presented text of the article comprehends the correlation of the axiological and teleological foundations of lawmaking on the one hand and the sphere of legal awareness on the other. It is taken into account that legal consciousness is dialectically determined as well as determined by lawmaking. In fact, the creation of legal norms as elements of cash reality does not occur due to the action of ideal actors excluded from a certain legal paradigm. On the contrary, existing patterns of legal awareness determine the legal reality of the future (both at the level of positing and negation). The indicated relationship also has a phenomenological side of refraction, namely. The real legal regularity and the same regularity in the representation and perception of consciousness do not always coincide. This is due to various aspects: from pragmatic and functional to ethical, psychological and mental. This article is an attempt to uncover the philosophical, legal and social meaning of the relationships described above.
doi:10.35750/2071-8284-2020-2-24-29 fatcat:k4gcswepyndx5f6l3guj26degi