p The legal consciousness is closely connected with the political consciousness. It originates together with the state and law. Law is created and enforced by the state and is therefore binding for the entire community.
p The legal principles and theories of the ruling class seek to justify the legitimacy of the corresponding social system and social relations. Law imparts a legal character-“lawfulness”-to the property relations that exist under the given social system. Second, legal principles and theories are to propose and justify legal institutions, standards, and forms best corresponding to the social system and form of ownership.
p This summarises the specific features of legal principles and theories.
p The socialist and the bourgeois legal consciousness are essentially different.
p When capitalism was taking shape, the legal principles of bourgeois democracy played a progressive part (equality before the law, protection of the rights and freedoms of the individual, etc.). However, bourgeois legal principles proclaim equality de jure, and thereby cover up the de facto inequality. Although within the framework of bourgeois democracy the working class in a number of capitalist states has been able to wrest from the bourgeoisie a few concessions in social 155 legislation, it remains an exploited class. With the transition to imperialism, monopoly capital undermines bourgeois-democratic legality, promotes fascisation and the establishment of police states. The workers’ struggle for democracy thus becomes part of the struggle for socialism.
p The socialist legal consciousness reflects and consolidates socialist production relations that rule out exploitation of man by man. During the transition from capitalism to socialism, and under socialism, the community must have law, legal standards and regulations protecting socialist property and establishing the proper correlation between labour and consumption.
p Socialist law as established by the Constitution of the USSR is a reliable guarantee of man’s basic rights- to work; free medical care; all forms of education (including higher); social security; true participation in the management of industrial enterprises, collective farms, and educational establishments, in the administration of towns, republics and the country as a whole.
p Socialist legality guarantees all citizens equality before the law and equality of the law for all, serving as a true expression of justice. This principle applies to all citizens without exception. Socialist law is distinct in that it indissolubly links the rights and the duties of citizens, which is but another indication of its just character, for social justice demands not only equality of all members 156 of society before the law, but also equality of their duties. Use of rights only, while avoiding duties, is an injustice and an abuse of the law.
The socialist legal consciousness, embodied in law, generates in citizens an awareness of their rights and duties and helps them abide by socialist legislation and correctly apply socialist law. In a socialist society, observance of the law is enforced by the state. An important part, however, is played by the socialist legal consciousness, which makes for voluntary and conscious observance of the law. Hence, education in the spirit of the socialist legal consciousness is of vast importance for maintaining socialist law and order and preventing crime.
Notes
| < | > | ||
| << | Political Consciousness | Moral Consciousness and Ethics | >> |
| <<< | Chapter Four -- POLITICAL ORGANISATION OF SOCIETY | Chapter Six -- CULTURE AS A SOCIAL PHENOMENON | >>> |