Legal idealism: definition of

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2018-03-18 16:45:07

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In the modern legal literature the legal nihilism acts as the antithesis of legal idealism. It should be noted that it also has a number of negative features and consequences that are the result of legal ignorance, undeveloped and deformed sense of justice, to a certain extent even the deficit of political and legal culture. Legal idealism is an extremely exaggerated attitude to the means of a legal nature, reassess legal idealismOpportunities and the role of law, a confidence that only one existence of laws capable of solving all the problems of society. Essentially, it is the second side of the same coin, and nihilism. Legal idealism, a concept which at first glance suggests the absolute opposite of the latter, in fact, ultimately merges with him and forms a General problem. And though outwardly the side less visible and less dwells on the ear than some of the provocative form of nihilism, the phenomenon is no less destructive in its ultimate consequences.

Causes 

  • Legal the hunger cultivated for decades and centuries.
  • An Extreme degree of legal ignorance.
  • Undeveloped and deformed sense of justice in society.
  • Legal ignorance of citizens.legal idealism the concept
  • Deficiency of political and legal culture.

Often, all these problems, the direct consequence of which is the legal idealism that stems from the omnipotence of state power over a long period of national history. In Russian conditions, we have just such a situation, when a long subordinate to the authority of all civil and natural rights (in the form of bans on the wearing of beards compulsory wearing of European clothes, a long-term preservation of feudal relations, decades of total fear before the government, and so on) has led to inadequate perception of the legal system in our days.

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Forms of legal idealism

  • Completely unrealistic attitude to law among legal scholars. The perception of this law as an abstraction, completely divorced from life.
  • Blind and dogmatic faith of the citizens of the state in "good law", which in themselves could quickly change for the better.legal idealism
  • The Literal perception of legal rights as the only means, which regulates social relations. Ignoring an objective reality in which not only law regulates social relations.
  • Extremely idealistic attitude to legal norms on the part of legislators. For example, the legal idealism leads to negative consequences, when members of Parliament during the formulation and adoption of legal acts poorly in life reality of the people and their interests, believe that the adoption of the law in itself is able to solve the current issues, so that you are not able to provide mechanisms for the implementation of this legal act.
  • Overreliance on the formal side of the law (for example, during court cases).


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DE: https://www.tostpost.com/de/das-gesetz/4284-rechtliche-idealismus-definition.html

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UK: https://www.tostpost.com/uk/zakon/4289-pravoviy-deal-zm-viznachennya-ponyattya.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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