Axiology of Legal Culture and the Boundaries of Legal Choice
https://doi.org/10.22394/3034-2813-2025-5-20-26
EDN: DSWMGN
Abstract
Introduction. The article is devoted to the study of legal culture as an important aspect of the life of society and the state. The role of legal culture in the formation of legal reality is considered, approaches to the definition and composition of legal culture are analyzed. Special attention is paid to rational legal choice as a component of legal culture. The purpose of the study is to identify the cause-and-effect relationships between the formation of legal culture and the influence of values on legal reality.
Methodology and materials. The research is based on an analysis of philosophical, sociological and legal theories, including approaches to culture and law as interrelated categories. The main methodological approach is theoretical and legal interdisciplinary analysis and invariant modeling.
Results. The paper identifies key theoretical components of legal culture, such as legal mentality, legal consciousness and legal activity. Fundamental role of rational legal choice, which forms the legal reality, is considered. Socio-cultural and eidetic values influencing legal culture are analyzed.
Conclusion. Assessing these values in the context of historical and social context allows for a deeper understanding of the impact on legal consciousness. The study highlights the importance of legal culture for the formation of legal thinking and legal decision-making. The practical significance of the research lies in the need to consider legal culture when developing legal norms and institutional changes.
Keywords
legal culture,
rational choice,
legal decision-making,
constitutional values,
axiological foundations,
legal norms,
value systems
Supporting agencies: This article is an output of a research project implemented as part of the Basic Research Program at the National Research University Higher School of Economics (HSE University).
About the Author
D. G. Alova
National Research University Higher School of Economics
Russian Federation
Russian Federation
Darya G. Alova, Associate Professor at the School of Theory of Law and Comparative Law, Faculty of Law, PhD in Jurisprudence
Moscow
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Review
For citations:
Alova D.G. Axiology of Legal Culture and the Boundaries of Legal Choice. Theoretical and Applied Law. 2025;(1):20-26. (In Russ.) https://doi.org/10.22394/3034-2813-2025-5-20-26. EDN: DSWMGN
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