Legal consciousness

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Legal consciousness is a collection of understood and/or imagined to have understood, legal awareness of ideas, views, feelings and traditions imbibed through legal socialization; which reflects as legal culture among given individual, or a group, or a given society at large. The legal consciousness evaluates the existing law and also bears in mind an image of the desired or ideal law. [1] [2]

Contents

Consciousness is not an individual trait nor solely ideational; legal consciousness is a type of social practice reflecting and forming social structures. [3] The study of legal consciousness documents the forms of participation and interpretation through which act or sustain, reproduce, or amend the circulating contested or hegemonic structures of meanings concerning law. Legal consciousness is the way in which law is experienced and interpreted by specific individuals as they engage, avoid, resist or just assume the law and legal meanings. [4]

Legal consciousness is a state of being, legal socialisation is the process to Legal consciousness; where as legal awareness & legal mobilisation are means to achieve the same.

Definition

The Great Soviet Encyclopaedia (1979) defined legal consciousness as " the sum of views and ideas expressing the attitude of people toward law, legality, and justice and their concept of what is lawful and unlawful. Legal consciousness is a form of social consciousness. Legal ideology, the system of legal views based on certain social and scientific viewpoints, is a concentrated expression of legal consciousness. The customs and feelings of people in relation to legal phenomena constitute the psychological aspect of legal consciousness; among these are a sense of justice and a loathing of crimes and illegal actions "

Legal consciousness is defined by Ewick and Silbey as the process by which people make sense of their experiences by relying on legal categories and concepts. People do this even when they are not familiar with the details and minutia of law or the legal system. They explain that there are cultural schemas provided by law that people use to make sense of their experiences. They refer to this as legality. The concept of legality includes "the meanings, sources, authority and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends." [5] These meanings and sources and different ways of knowing and understanding enable people to make sense of what happens to them and what that might mean in terms of their rights and options. This process of understanding legal experiences occurs within a larger ecosystem in which there are disputes over meaning and values. Seron and Munger explain that ""in addition, class may affect legal consciousness: Law may mean different things depending on an individual's location in the various hierarchies of status, prestige, and knowledge associated with membership in a social class. [6]

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legal consciousness narratives [7]

See also

Related Research Articles

Consciousness Sentience or awareness of internal and external existence

Consciousness, at its simplest, is sentience or awareness of internal and external existence. Despite millennia of analyses, definitions, explanations and debates by philosophers and scientists, consciousness remains puzzling and controversial, being "at once the most familiar and [also the] most mysterious aspect of our lives". Perhaps the only widely agreed notion about the topic is the intuition that consciousness exists. Opinions differ about what exactly needs to be studied and explained as consciousness. Sometimes, it is synonymous with the mind, and at other times, an aspect of mind. In the past, it was one's "inner life", the world of introspection, of private thought, imagination and volition. Today, it often includes any kind of cognition, experience, feeling or perception. It may be awareness, awareness of awareness, or self-awareness either continuously changing or not. There might be different levels or orders of consciousness, or different kinds of consciousness, or just one kind with different features. Other questions include whether only humans are conscious, all animals, or even the whole universe. The disparate range of research, notions and speculations raises doubts about whether the right questions are being asked.

Concept Mental representation or an abstract object

Concepts are defined as abstract ideas. They are understood to be the fundamental building blocks of the concept behind principles, thoughts and beliefs. They play an important role in all aspects of cognition. As such, concepts are studied by several disciplines, such as linguistics, psychology, and philosophy, and these disciplines are interested in the logical and psychological structure of concepts, and how they are put together to form thoughts and sentences. The study of concepts has served as an important flagship of an emerging interdisciplinary approach called cognitive science.

Justice Concept of moral fairness and administration of the law

Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavour to increase justice by operating courts and enforcing their rulings.

The unconscious mind consists of the processes in the mind which occur automatically and are not available to introspection and include thought processes, memories, interests, and motivations.

In normal language usage, the noun "feeling" is often used as being the same as emotion. However, in psychology, and in this article, feeling is used as a technical term which means a generalized bodily consciousness of a physiological sensation. It can be termed as a perception of physiological events within the body. Importantly, feeling is also termed as a self-contained physiological experience.

Empowerment is the degree of autonomy and self-determination in people and in communities. This enables them to represent their interests in a responsible and self-determined way, acting on their own authority. It is the process of becoming stronger and more confident, especially in controlling one's life and claiming one's rights. Empowerment as action refers both to the process of self-empowerment and to professional support of people, which enables them to overcome their sense of powerlessness and lack of influence, and to recognize and use their resources.

Intrapersonal communication is the process by which an individual communicates within themselves, acting as both sender and receiver of messages, and encompasses the use of unspoken words to consciously engage in self-talk and inner speech.

Experience refers to conscious events in general, more specifically to perceptions, or to the practical knowledge and familiarity that is produced by these conscious processes. Understood as a conscious event in the widest sense, experience involves a subject to which various items are presented. In this sense, seeing a yellow bird on a branch presents the subject with the objects "bird" and "branch", the relation between them and the property "yellow". Unreal items may be included as well, which happens when experiencing hallucinations or dreams. When understood in a more restricted sense, only sensory consciousness counts as experience. In this sense, experience is usually identified with perception and contrasted with other types of conscious events, like thinking or imagining. In a slightly different sense, experience refers not to the conscious events themselves but to the practical knowledge and familiarity they produce. In this sense, it is important that direct perceptual contact with the external world is the source of knowledge. So an experienced hiker is someone who actually lived through many hikes, not someone who merely read many books about hiking. This is associated both with recurrent past acquaintance and the abilities learned through them.

The psychology of self is the study of either the cognitive, conative or affective representation of one's identity, or the subject of experience. The earliest formulation of the self in modern psychology derived from the distinction between the self as I, the subjective knower, and the self as Me, the object that is known.

Transformative learning, as a theory, says that the process of "perspective transformation" has three dimensions: psychological, convictional, and behavioral.

Transformative learning is the expansion of consciousness through the transformation of basic worldview and specific capacities of the self; transformative learning is facilitated through consciously directed processes such as appreciatively accessing and receiving the symbolic contents of the unconscious and critically analyzing underlying premises.

Awareness is the state of being conscious of something. More specifically, it is the ability to directly know and perceive, to feel, or to be cognizant of events. Another definition describes it as a state wherein a subject is aware of some information when that information is directly available to bring to bear in the direction of a wide range of behavioral actions. The concept is often synonymous to consciousness and is also understood as being consciousness itself.

Subjectivity in a philosophical context has to do with a lack of objective reality. Subjectivity has been given various and ambiguous definitions by differing sources as it is not often the focal point of philosophical discourse. However, it is related to ideas of consciousness, agency, personhood, philosophy of mind, reality, and truth. Three common definitions include that subjectivity is the quality or condition of:

Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power.

Self-knowledge is a term used in psychology to describe the information that an individual draws upon when finding an answer to the question "What am I like?".

Lifeworld Epistemological concept

Lifeworld may be conceived as a universe of what is self-evident or given, a world that subjects may experience together. The concept was popularized by Edmund Husserl, who emphasized its role as the ground of all knowledge in lived experience. It has its origin in biology and cultural Protestantism.

The following outline is provided as an overview of and topical guide to the human self:

Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law.

Class consciousness Awareness of ones social class

In Marxism, class consciousness is the set of beliefs that a person holds regarding their social class or economic rank in society, the structure of their class, and their class interests. According to Karl Marx, it is an awareness that is key to sparking a revolution that would "create a dictatorship of the proletariat, transforming it from a wage-earning, property-less mass into the ruling class".

Relations of production Concept in Marxism; sum total of social relationships that people must enter

Relations of production is a concept frequently used by Karl Marx and Friedrich Engels in their theory of historical materialism and in Das Kapital. It is first explicitly used in Marx's published book The Poverty of Philosophy, although Marx and Engels had already defined the term in The German Ideology.

Legal socialization

Legal socialization is the process through which, individuals acquire attitudes and beliefs about the law, legal authorities, and legal institutions. This occurs through individuals' interactions, both personal and vicarious, with police, courts, and other legal actors. To date, most of what is known about legal socialization comes from studies of individual differences among adults in their perceived legitimacy of law and legal institutions, and in their cynicism about the law and its underlying norms. Adults' attitudes about the legitimacy of law are directly tied to individuals' compliance with the law and cooperation with legal authorities.

References

  1. "Juridica International: HOME".
  2. Legal Consciousness Among Youth at the Red Hook Community Justice Center By Avi Brisman
  3. Silbey, Susan (2008). "legal consciousness" (PDF). New Oxford Companion to Law: 2. Retrieved 21 October 2015.
  4. Commaille, Jacques; Lacour, Stėphanie, eds. (2018). "After Legal Consciousness Studies: dialogues transatlantiques et transdisciplinaires". Droit et sociėtė. 100: 543–788. Some articles in English, some in French.
  5. Ewick; Silbey, Patricia; Susan (1998). The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press. p. 22.{{cite book}}: CS1 maint: multiple names: authors list (link)
  6. Seron; Munger, Carroll; Frank; Munger, Frank (1996). "Law and Inequality: Race, Gender... and of Course, Class". Annual Review of Sociology. 22: 187–212. doi:10.1146/annurev.soc.22.1.187.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  7. Halliday, Simon; Morgan, Bronwen (2013). "I Fought the Law and the Law Won? Legal Consciousness and the Critical Imagination". Current Legal Problems. 66: 1.