in modern legal literature, legal nihilism appears the antithesis of legal idealism.It should be noted that it also has a number of negative features and effects, which are the result of ignorance of the legal, undeveloped and deformed sense of justice, to some extent, even the deficit of political and legal culture.Legal idealism is an extremely exaggerated relation to the means of a legal nature, reassess opportunities and the role of law and confidence that only one existence of laws is able to solve all the problems of society.Essentially, it is the second side of the same coin, as nihilism.Legal idealism, the notion of which at first glance suggests an absolute contrast to the latter, in fact, ultimately merges with it to form a common problem.Though apparently this side of the coin is less visible and less remains on the ear than causing some form of nihilism, the phenomenon is considered to be no less destructive in its ultimate consequences.
Causes
- Legal famine, cultivated over decades and centuries.
- Extreme legal ignorance.
- undeveloped and deformed sense of justice in society.
- Legal ignorance citizens.
- deficit of political and legal culture.
Often these problems, which is a direct consequence of the legal idealism, stem from the omnipotence of state power for a long period of national history.In the Russian context, we have just such a situation when a long subordination of the power of civil and natural rights (in the form of a ban on beards, forced to wear European clothes, long-term preservation of feudal relations, decades of total fear of state power, and so on) led to inadequate perceptionthe legal system today.
forms of legal idealism
- totally unrealistic attitude to the law jurists.The perception of this right as an abstraction, completely divorced from life.
- Blind and peremptory belief in the citizens of the state "good laws", which are themselves capable of everything quickly change for the better.
- literal perception of the legal rights as the sole means of regulating social relations.Ignoring the objective reality in which not only the law regulates social relations.
- extremely idealistic attitude to the rules of law on the part of legislators.For example, legal idealism leads to negative consequences when members of parliament during the drafting and adoption of legal acts weakly oriented in the vital reality of the people and their interests, believe that the law alone can solve the existing problems, thus are not able to providemechanisms for implementing the rules of the instrument.
- Excessive formal aspect of the law (for example, during the consideration of court cases).
