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"Philosophy of Education"

2016 year, number 3

LEGAL AWARENESS AND PHILOSOPHY OF EDUCATION

A. V. Pugachev
Novosibirsk State Pedagogical University, 28, Viluiskaya St., Novosibirsk, Russia, 630126
Keywords: правосознание, мировоззрение, норма права, механизм правового регулирования, legal awareness, worldviews, rule of law, mechanism of legal regulation

Abstract

The article considers one of the basic social phenomena for the rule-of-law state - legal awareness, reflecting the dominant the in society worldview. A stable connection between worldview and consciousness is recognized by most researchers in the field of philosophy, sociology and law. It is exactly worldview and the ideology based on it that determine the content of legal consciousness, especially on its mass level. In the Russian society, a sharp debate between «Westerners» and «national loyalists» has not lost its relevance for a long time. Certainly, the urgency of this discussionis reflected both on mass and on group levels. For some social groups, the Western-liberal worldview is more acceptable, which is characterized by legal awareness based on the primacy of natural rights, and which involves the attitude to the law, similar to the attitude of the representatives of Western civilization. For other social group, the national loyalist worldview is more acceptable, which puts justice and morality first and evaluates the law from this point of view, reserving the right to choose whether to obey or not to obey regulations. The analysis of the results of publications in the field of philosophy of education related to the issues of law allows the author to conclude: either the rules of law are deliberately not included by scientists into a set of important aspects of understanding the problems of domestic education (which is typical for « national loyalists») or the rules of law, regulating relations in the sphere of education, are perceived by researchers as an objective condition for the development of education (which is typical for «Westerners»). Thus, in the above two approaches, the mechanism of formation of rules of law which by definition must be formed on the basis of social order, is being actually ignored.