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THE ROMAN LAW AND THE CHRISTIANITY AS FUNDAMENTAL COMPONENTS OF THE WEST EUROPEAN LEGAL CONSCIOUSNESS AND THE BASIS OF THE WEST EUROPEAN CIVILIZATION IDENTITY
Abstract
In this article the Author studies the fundamental components of the European legal y social consciousness, which formed the European identity and civilization in the Middle Ages. The object of the research is the legal sphere of the social consciousness from the point of view of legal psychology, history of law, theory of law and from the point of view of the social sciences and humanities. Therefore, the Author applies some interdisciplinary methods. The studied components of the legal consciousness in the research are the law and religion. In this article the Author investigates the concept legal consciousness in connection with the concepts of the "mentality", "identity" and В«culture". The legal consciousness is defined by the Author as a legal concept of surrounding reality, determination of one's place in the structure of the world, perceived through the standard as the space of due and eventual behavior, the aggregate of legal stereotypes and myths about the good, evil and justice as well as about the state, the law, through the В«try-onВ» all of these standards, restrictions and rules and consent or non-agreement to exist in the appropriate boundaries. In the Author's view, certain social myth reflecting the dogma of law must inevitably act as the core of public legal consciousness. This fact makes it difficult to study the phenomenon of legal consciousness since the myth is hard to fit into the system of scientific knowledge. The Author considers that the legal consciousness is a process as well as the result. It is a legal picture of the world which is not an objective reflection of the legal reality, but rather its perception on the basis of the fundamental social myth, which lies in its basis.
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