Pavlovska-Kravchuk V. Legal mentality: the concept, characteristics and influence on law-making processes.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U000059

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

13-12-2012

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The work is devoted to research of legal mentality as a special phenomenon of legal reality, its nature and the functioning of legal system. A systematic analysis of world and national legal, psychological and philosophical views on issues of mentality as a sociocultural phenomenon was carried out, the existing concept of legal mentality was analyzed. The development of ideas about the impact of mental features on the functioning of state-legal phenomena was investigated, the structure of legal mentality and its functioning within the legal system were determined. The relationship of justice, legal culture and legal mentality was investigated by analyzing the nature of justice as a mentally-valuable basis of law and legal impact on the mentality of the legal culture and the nature of legal thinking. The features of the legal mentality were determined, the role and place of legal mentality in the legal system and legal traditions and place of legal manifestation of the mentality in the states of a legal family were defined. The comparative analysis of the case study of continental and Anglo-Saxon legal family was carried out. The features of development and a Ukrainian legal mentality were determined. The main factors of legal mentality of definite nation were defined.

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