Psychological and legal analysis of the "legal identity" concept

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Despite the fact that the subject field of legal science and psychology have clear areas of intersection, the model of interaction of these disciplines has not yet been built. By Remark E. Lukashev, as expressed in the Soviet era, for the domestic jurisprudence peculiar kind of "fear psychology." This area of expertise as legal psychology has traditionally evolved as a discipline of applied nature with a fairly narrow objectives. As pointed out by G. Maltsev, legal psychology has grown on the soil of the judiciary, prison, criminal psychology, and still maintains the closest relationship to criminology, criminology and criminal proceedings: "It seems that we applied discipline, rather than having a general legal nature, many aimed at specific sector, law enforcement, especially the judiciary, criminal, penal. " The study of psychological factors of human behavior in the field of law would concentrate in a relatively new discipline of the Russian jurisprudence, as anthropology of law (legal anthropology) that "by analyzing the verbal or written records law, the practice of social life examines the processes juridization human life inherent in every historical type of civilization, and seeks to find patterns that underlie the social and legal life of human communities "However, this trend is actually limited to the study of archaic forms of legal life, as well as some individual tendencies of the modern legal development, but does not give a psychological picture of the legal existence of man. The situation disunity of psychology and jurisprudence called objective processes of specialization and complexity of scientific knowledge, the internal differentiation of scientific disciplines, increased methodological and terminological differences, leading to mutual misunderstanding. Thus, the question of the existence of a legal identity is relevant in connection with what is happening in contemporary jurisprudence increasing attention to the human person, which can be considered a kind of "anthropological turn". That's right is often able to provide the most impact on the process of formation of identity, as this type of social norms is characterized by a high degree of formalization and, as a rule, is fixed in writing, so that their content is relatively fixed in nature.

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Identity, legal identity, legal psychology, and legal consciousness

Короткий адрес: https://sciup.org/147202153

IDR: 147202153

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