Legal culture in the conditions of globalization

Kucheryava D. V.

Kiev National University of Technology and Design

(m. Kyiv)

Scientific supervisor - Velikozhon V. A.

Legal culture in the conditions of globalization

Modern Ukraine is developing on a constitutional basis of a democratic, social and legal state. Such a state is impossible outside of the legal culture of most of its citizens. After all, the legal culture of every citizen determines universal respect for the law in society, the culture of the rule of law, and, thus, the real functioning of all other institutions of the state. [1, p. 3]. Under the influence of globalization processes, there is a transformation of existing legal and state phenomena, the emergence of new ones, and therefore there is a need for their study, reassessment of concepts and constructions that do not correspond to modern realities, the creation of a new conceptual categorical apparatus. The specified stage is due to the transformational period of the development of society and the complication of social relations, which requires not only the improvement of the legal acts itself, but also the intensification of scientific research on the problems of the formation of law, law-making, the institution of the implementation of law, etc.

As you know, law is a normative reflection of political, ideological, cultural, spiritual, economic and other peculiarities of society. Legal systems, as phenomena that are formed and operate within different civilizations, reflect the peculiarities that underlie them. The notion of "civilization" is closely linked to the notion of cultures in the whole richness of their interactions and interactions. Reflecting on this ratio, O. Spengler originally defines them as "the Greek soul" and "Roman intellect", where, accordingly, the culture has Greek roots, and Roman civilization. [2, p. 798]. Continuing the opinion of O. Spengler in the context of our problems, we note that in the process of developing global trends, there is a mutual crossing of legal cultures, resulting in the creation of the so-called "law-culture conglomerate". Today it is too early to assess this phenomenon, since its role in the world history of the development of law is much later.

Globalization of legal consciousness is carried out in the general direction of the globalization of the mass consciousness of society, but it has its own specificity of development, due to the logic and continuity of the very legal consciousness.

In the globalization of justice, the following patterns can be traced:

•  firstly, in the process of development of legal consciousness, there is a gradual transition from the prohibitive - attributive nature of regulation to a predominantly licensing nature, in which emphasis is placed on legal permissions, subjective rights;
•  secondly, autonomy of an individual becomes more and more stable;
•  Thirdly, the state power is subject to increasing regulation and becomes subject to civil society;
•  Fourthly, humanistic principles in the construction of a legal regulation system are becoming more and more evident.

The data of the law led to the consolidation in the mass legal consciousness common to all humanity principles, such as:

• the rule of law and freedom of man and citizen in the legal organization of public and public life;

• Establishing a sense of respect for the law and order, ideas and values ​​of the rule of law;

• legal activity of citizens in the exercise of their rights and the proper performance of their legal obligations.

For a successful implementation of the globalization of these processes, the denial of "Westcentrism" and "Eurocentrism" in all spheres of social life, especially with regard to national legal cultures, is of paramount importance. Globalization projects should not be converted into the imposition of Western standards, in particular in the field of national legal culture. They are doomed to succeed only if they take into account national peculiarities of society, in particular, in the field of culture in general and the legal culture of society in particular. [3-6].