The Analysis of the Phenomenon of Legal Consciousness of a Person in Philosophical and Legal Thought

Abstract

Modern societyis changing, rearranging society on a European model, so a rethinking of life is necessary for every person. The man’s understandingof changes in society, the role, place and meaning of legal norms in life leads to changes in human consciousness. So the question of legal consciousness of a person is very serious. The importance of attitude and the attitude of every citizen to the legal regulations, their understanding and the need for their compliance. We vdos for philosophical and legal analysis of the category of justice, as we believe that exactly because of the philosophical interpretation of law is possible to investigate the effect of factors that affect the behavior of subjects of law. It is necessary to develop a strategy of legal development of the Ukrainian society of a new sample with a high level of legal culture and legal consciousness. Indeed, the study of the phenomenon of sense of justice had already been done by many scientists and philosophers in different ages and periods of life. And these studies cannot be considered conclusive though, because society is changing. The consciousness represents the totality of views, ideas, feelings, moods, ideas about the law, role of law, which it plays in the life of society and the state, ideas about human rights, its responsibility to the other people, the state and society. Understanding of legal consciousness as a phenomenon reaches ancient times, covering the mythological and the religious worldview, according to which public policy must rise to the cosmic and natural order. European public consciousness of the new time differs significantly from its predecessors. It's not based on mythology and symbolism of the middle ages and is not aware of itself in harmony with the logos and the cosmos. The work of I. Kant and G. Hegel also occupy an important place in the studied issues, because they differ in their fundamental nature, validity and logicality of thought. It belongs to Kant the development of the basic categories of justice. It analyzes the state and the authority, justifies the existence of a legal state, points to the role of legal consciousness in its construction. Regarding the Marxist approach of the human sense of justice is a form of social consciousness reflects social being. In modern legal doctrine there is no consensus as to what constitutes the human sense of justice, although each of the existing positions is rational and deserves analysis. So, Ilyin believed that the consciousness of every person who realizes that besides her in the world there are other people. V. Nersesyants believes that the understanding of legal norms and a legal culture is a necessary element of its activity. In his view, the absence in society of legal culture entails despotism and tyranny. In our opinion the sense of justice is not only a source of legal behavior, but first and foremost prepares a person to understand what is necessary and meaningful behavior, monitoring and controlling human behavior. That is why it is impossible to consider the phenomenon of consciousness of a person outside of public life, because it shapes the consciousness of a person and the whole society in General.