Dovganych V. Legal mentality as a form of social legal awareness

DOI: https://doi.org/10.33098/2078-6670.2024.17.29.57-62

Purpose. The purpose of the research is to reveal the content of the legal mentality and argue for the opinion that it is a form of public legal consciousness. Methods. The methodological basis of the research was made up of the principles of objectivity, complexity, as well as a complex of general scientific, special scientific and philosophical methods. Results. It was established that the legal mentality is a historically determined category, which is not only a set of beliefs and views of one generation of society, but is a paradigm of ideas on the form and content of the state, the role of law, power institutions, etc. That is, it is a component of the legal culture of society. Implementation of legal mentality in people’s legal consciousness is implemented in several ways. First, the legal mentality is an analogue of the societal (community) mind. Secondly, the legal mentality plays the role of a certain «balancer», which on the one hand embodies idealistic aspirations for justice and order, and on the other – strives to ensure social control and stability. Thirdly, legal mentality is a dynamic category, constantly developing under the influence of historical events, cultural traditions and socio-economic transformations. Fourthly, trust in the law is a condition for the fact that a dialectical connection is formed between the law and the legal mentality, they are intertwined. Fifth, the presence of a legal mentality indicates the presence of the rule of law. Originality. It was determined that the legal mentality is a component of society, and its formation is a natural process of the evolution of social relations and the legal system. Practical significance. The results of the research can be used in further historical and legal studies, preparation of special courses.

Key words: mentality, legal mentality, legal awareness, law, morality, rule of law.

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