- Sivers, Zinaida (orcid.org/0000-0002-2950-0741) (2015) Socio-Psychological Analysis of Developing the Concepts of Political and Legal Consciousness in Different Periods of History Наукові студії із соціальної та політичної психології, 36 (39). pp. 80-89.
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Abstract
In the article the author does an attempt to analyze the dynamics of the concepts of political and legal consciousness in philosophical and legal theories and distinguishes their social and psychological component. It is emphasized that already in ancient political and legal consciousness the concept of rule of law emerged and acquired the contours of ideas of the political freedoms of citizens. The author notes a significant contribution of Roman philosophers, in particular Cicero, to the further development of the legal state concept. Cicero was the first to define such property of the law as giving equal rights to the socially different people. The author also outlines European conceptions of legal consciousness at the period of dark ages. The special attention is paid to the concepts of political and legal consciousness, which were engendered in New time, as exactly in this period in the first time the state and society began to be examined as the different phenomena, namely the state appeared as a source of the real political power. Exactly in this period considerable development of political and legal thought resulted in appearance of authoritarian and liberal-democratic political and legal conceptions. The authors of authoritarian political and legal conceptions considered that power must be absolute, unique and indivisible. So, conception of Thomas Hobbes foresees complete limitation of political freedoms. But the the main aspect of liberal political theories were justification of individual’s freedom, new aspects of public and civil freedom and question about the limits of power (John Stuart Mill, Jean Jacques Rousseau). ХІХ and ХХ century were marked by appearancе of theories which asserted the lack of state tyranny, citizen’s equality before the law and examined a right as the order of freedom. The analysis done by the author allowed to draw conclusion, that the considered theories of political and legal consciousness reflect certain ideas fixed in theory as well as in the public mind: power, subordination, freedom, rights, duties, responsibilities. Political and legal theories revealed in the article include social and psychological context: human’s relation to the society, state and political power.
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