ПРАВОВОЙ МЕНТАЛИТЕТ: СОЦИАЛЬНО-ФИЛОСОФСКИЙ АНАЛИЗ

Abstract

This article discusses the actual problems of the legal mentality, analyzes its relationship with other spiritual phenomena, such as legal awareness, legal thinking, legal nihilism. According to the authors, the essence of the legal mentality should be studied from the standpoint of system-structural analysis, covering such levels as conscious and unconscious, rational and irrational. Such an analysis makes it possible to more deeply explore legal stereotypes, legal attitudes, value-legal norms and archetypes in the legal mentality of Kazakhstanis. The article analyzes the features of the development of the legal consciousness of the Kazakhs. According to the authors, the historical significance of the court of biys lies in the fact that in the legal mentality of the Kazakhs it rooted the principles of justice above all laws, ensured its firm protection and implementation in legal reality. A nihilistic attitude to the norms and values of law still firmly sits in the mentality of Kazakhstanis and remains. The high level of corruption, the moral decay of officials and politicians, in the mentality of Kazakhstanis has formed a negative attitude towards the authorities and justice. And it is not so easy to reverse this trend, to restore faith in justice and legality. In the course of the study, the author concludes that the causes of legal nihilism are the identification of law and law, the opposition of legal and moral norms, law and justice, their unresolved, both in theoretical and practical terms.