Tokareva S.B. The Sources of Legal Consciousness in Russian Culture: Russkaya Pravda in the Context of the Semantics of Deontically Possible Worlds
DOI: https://doi.org/10.15688/jvolsu7.2016.4.7
Svetlana Borisovna Tokareva
Doctor of Philosophical Sciences, Professor, Head of Department of Philosophy,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article is dedicated to investigating the specificity of legal consciousness in the Russian culture in the context of Russia’s civilizational identity. Besides, the article presents the civilizational identity’s integrative character, which includes other types of macroindentity, which are the national, social, religious and legal ones. The methodological basis of studying the legal and moral consciousness and its connection to Russia’s civilizational characteristics includes the socio-cultural approach and P. Bourdieu’s symbolic capital theory, which state the defining role of mental factors in forming various types of the macroidentity. In terms of P. Bourdieu’s double determination theory and the concept of habitus, the legal culture is represented as a system of “practical schemes” objectifying the legal consciousness and enabling the subjects to orient in the legal reality, to arrange and assess their actions and actions of people around. The article illustrates a legal consciousness type’s dependence on the key cultural concepts, such as “justice”, “truth”, “law” and their content. The alternativeness of the Russian and Western legal systems’ assessments is analyzed in the context of civilizational identity specificity of Russia and its link to the political-legal patterns. The research also covers the link between the legal consciousness to the semantic models of the deontically possible worlds, introduced by J. Hintikka and R. Montague. In addition to it, the article shows the connection between the models and their relation to the notion of “law”. The author has traced the “law” and “right” notions’ transformation into cultural constants and determined the roles of social memory and memorial social practice in this process. The author has also viewed the structure of the “law” concept as key for a certain legal consciousness type. Finally, the author has concluded that the logical traditions, present in the culture, serve as the basis for determining the prevailing legal consciousness type along with the historical conditions and norms.
Key words: Russian culture, Russkaya Pravda, legal consciousness, legal and mental consciousness, Russia’s civilizational identity, deontic model, possible world.
The Sources of Legal Consciousness in Russian Culture: Russkaya Pravda in the Context of the Semantics of Deontically Possible Worlds by Tokareva S.B. is licensed under a Creative Commons Attribution 4.0 International License.
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