Dovhanych V. Istorical and legal conditions of the formation of the legal ideology of Ukrainians in the 19th century

DOI: 10.33098/2078-6670.2023.15.27.2.31-39

Purpose. The purpose of the study is to determine the influence of historical and legal factors on the development of the legal ideology of Ukrainians in the 19th century. The main emphasis is placed on the characteristics of the key directions of legal ideology that were developing, and the level of their practical implementation in the socio-legal conditions of the 19th – early 20th centuries is also determined. One of the tasks of the study was to establish the importance of the influence of historicisms on the process of formation and development of legal ideology, which is also important in today’s conditions, because of the full-scale invasion of Russia. It is one of the key factors that determine the need to abandon Soviet ideological stereotypes, including legal ones. Methods. The methodological basis of the research was a complex of general scientific, special scientific and philosophical methods, as well as the principles of historicism Results. Five approaches are followed in the works of Ukrainian scientists. The first, philosophical-legal, is characterized by a complete juxtaposition of legal ideology and national ideology. The second direction is exclusively historical and legal. Within the limits of the third direction, it is proposed to consider legal ideology as an element of the legal policy of the state, in particular, the sphere of ensuring human rights. There is also a popular opinion that the ideas of legal ideology are value orientations that actively influence the lawful behavior of a person and the process of law-making. As a result, legal ideology can be considered an element of legal culture or even legal mentality. At the same time, within the latter, legal ideology is the most dynamic category, because it depends on public opinion, group and individual legal awareness. It was established that historical conditions have a decisive influence on the process of formation of legal ideology, as they not only impose on it the specifics of the era, social attitudes, the general level of cultural development, spirituality, but also turn a specific legal ideology into an element of culture that takes root in the legal consciousness of the population, becomes a component of his legal mentality. It was in the 19th century. three main types of legal ideology of Ukrainians were formed: liberal, Christian-conservative and socialist (social-democratic). Originality. The internal and external historicisms that in the 19th century are characterized. contributed to the development of three types of legal ideology – liberal, conservative and socialist. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

Key words: legal ideology, historicism, socio-legal thought, conservative ideology, liberal ideology, socialist ideology.

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