The senior teacher of
the Department of Humanities, O. E. Andreeva
Amur State University
(the Birobidzhan Branch), Russia
Legal socialization of personality: psychological aspects
Legal development of personality, building its life in
harmony of law is one of the main, maybe, the most main task, in asserting of
true law and order in society. The problem of law enforcement and crime
prevention, protection of rights and freedoms of citizens, and building a
prosperous and civilized society can’t be solved without forming a civilized
personality with developed legal mentality. This task is in the attention of
everyone who deals with the public, social and legal problems of society.
However, this task can’t be solved if we try to do it in isolation, without
solving the latter problem of legal psychology of society and its groups.
“Cognitive activity which has not been reflected in the external human behavior
is not regulated and controlled by law”, V. N. Kudryavtsev and N. S. Malein
note fairly. Legal or violating behavior is always determined by legal
psychology and legal psychology of the atmosphere that can control or, on the
contrary, promote criminological prerequisites contained in a personality [4].
A personality which is at a high level of social,
moral and intellectual development has good qualities that are the foundation
of its lawful behavior. However, the firm relationships of a personality to the
legal system which prevent it from any accidental violations of law and provide
the right decision of all legal matters arising in the process of life and
activity, require that it will be developed and in legal terms. This is
particularly important in terms of development of a legal society and market
economy, when requirements to legal readiness of all categories of citizens
have increased sharply. Legal looks are world outlook views; legal
relationships are moral relationships in life and activity; legal habits are
habits of civilized behaviour; the legal position is a vital position; legal
behavior is a condition of life success [8].
Thus, the development of legal psychology is at the same time the
overall development of personality, the internal factor, the leitmotif of such
development, which in some cases may be decisive.
The structure and content of legal psychology of personality are
intertwined with its general structure and quality characteristics.
Traditionally in psychology any personality stands out properties of
orientation, character, abilities and temperament.
There is a methodological principle of the
relationship of psyche, consciousness and activity. To find the answer to the
question what the psyche should be, what changes should be made so that a
person can successfully deal with certain tasks, it is necessary to begin not
“from the psyche”, but from life, the demands of activity and behavior, to
which he should be ready. First of all, it should be understood what these
requirements are. The same way leads to success in dealing with the question what
legal psychology of a human should be so that his behavior will be always
lawful. Only a balance between what is required and what he possesses can solve
the problem [5].
Every personality differs not only what it does but
also how it does. Operational components of psychology of personality, playing
the role of methods and means of achieving the objectives determined by the
focus, provide rightful behavior. Many criminologists believe that the causes
of infringing activity of a personality are frequently connected not only with
wrongful purposes, but also with methods and means of achieving them (for
example, “a man steals, robs, having a legitimate goal to eat, get dressed, but
the means chosen is criminal”).
For realization of the goals, objectives, plans and getting a real
result a personality with legal psychology always uses high-toned, legitimate
means. Ethical and legal components include the following:
-
the attitude to its life, methods of
using its possibilities, which are enlightened, honest, dignified and lawful;
-
respect for law, taking it as the
highest social value, as norms of life claiming and defending exalted human
values, as to the good, which is a civilized way to realize yourself, your life
plans, as one of the firmest ways to solve emerging problems, as reliable power
which is able to protect rights and freedoms and defend them against criminal
encroachments;
-
a civilized attitude to freedom and
rights, briefly expressed in the formula: “My freedom and rights end where
rights and freedom of another person begin”;
-
respect for the civil, patriotic
duty, a sense of responsibility for society’s freedoms and rights, the
responsibilities in the workplace, family and for another man;
-
the unacceptability of understanding
of corporate, group responsibility, friendship and fellowship in case of an
immoral wrongful act;
-
a fair attitude towards the choice
of methods and means of need satisfaction, achieving goals, implementation of
intentions;
-
predominance in the choice of such
means and methods which differ from legal selectivity, spiritual culture;
-
resistance to the temptations, ways
of need satisfaction, quick gain and enrichment, victimized resistance;
-
a moral, demanding attitude towards
oneself, behavior in society and among people, understanding of the organic
unity of your own rights and duties, the duty to satisfaction of your need and
interests without, at least legally, estimated damage to others and to society;
-
highly developed senses of honor,
dignity, conscience, self-esteem;
-
a respectful attitude to law
enforcement agencies and their representatives, to the need for unconditional
implementation of their requirements and support for strengthening the rule of
law and justice.
The essence of legal socialization of personality. Everyone since his
birth follows the way of development, which lasts a lifetime, but particularly
significant in their results are the first 15-25 years. The essence of it is in
socialization, i.e. adoption of social values by a personality (speech and knowledge,
human thinking and consciousness, relationships to the surrounding and you,
skills, behaviour, habits, traits, needs, abilities, etc.) that are produced by
previous and current generations of people and embodied in the domain and
spiritual reality. People are born essentially as animals, the outstanding
Russian psychologist A.N. Leontyev says that one way to become a personality is
through the lifetime development (ontogeny) [5].
There are a lot of achievements of human civilization before a newborn man,
and what he chooses and makes his possession, such life he will have.
Assimilation of individuals happens unfortunately with varying success. In life
there are a lot of such young and adult people, who only just climbed above the
original level of the animals and their lives are determined by weakly
socialized biological and material needs. A weakly begun positive trend at some
period may change into negative (asocialization). Overcoming of arisen
temporary negative changes is called resocialization.
The part of the overall process of socialization is its legal
socialization, the essence of which is the mastering of legal values by a
personality, turning them into norms of life and conduct, personal qualities
and features of psychology. A psychological objective of legal socialization is
psycho-legal development of a personality, achievement of high legal culture in
legal psychology, ensuring lawful behavior. “To live in law it is necessary
that, first of all, law lives in us” wrote the Russian lawyer, Alexander
Alekseev.
Research show that the process of legal socialization
does not often reach the desired level of development that is due to subjective
reasons of a varying scale and level, weakening of attention of the State and
society to positive regulation of legal socialization, especially of the
growing-up generation, the youth, and an under-skilled approach to
psychological peculiarities of legal socialization.
The basic psychological features of the process of legal socialization.
The main laws of legal socialization are based on social, pedagogical and
psychological grounds. Distinctions of the general socialization and legal are
in a content of appropriated values, its time period, in psychological
difficulties of mastering different knowledge, skills, attitudes, habits, etc.
Difficulties and results of the general socialization reflect on legal
socialization though there is also a contrary influence of the second on the
first [6].
Legal socialization of a personality and its results is not a static
frozen, but developing process under the influence of life circumstances. Legal
psychology at any age within its relative sustainability is changing (the
principle of development). The question is what changes, how it changes, how
fast, and what challenges it demands. In course of time features of legal
psychology formed by earlier life are gaining greater stability, but still
change. Therefore legal socialization of people needs constant evaluation of
changes taking place in their psychology, choosing of such means and methods of
the influences that contribute to progressive changes and prevent unwanted
Legal socialization of personality is influenced by both the purposeful
impacts and natural, spontaneous. The predominance of spontaneity is always
fraught with delays and deformations in legal socialization. Under current
trends of criminalization of society, culture and morality the predominance of
spontaneous influences are especially intolerable. There is a necessity to
overcome spontaneity to raise legal socialization of citizens beginning from
preschool age, a focused, organized and regulated nature.
The essence of legal socialization of a healthy personality, as noted
above, is social. Its flowing and results are based on social circumstances (a
principle of social conditionality), but not innately and biologically.
Therefore, the main regulatory opportunities of legal socialization improvement
lie in the social sphere; they are in the possibilities of the society and the
people in charge of law and order, as well as leaders, parents, communities,
all citizens, patriots of their country.
Legal socialization is the product of a focused influence of many
circumstances. It is true that a human is 1/3 of what he was given from his
parents, is 1/3 what he has been done by other people, and the 1/3 is what he
has done himself. Other people cannot radically change a person until the
mechanism of self-development begins to operate. Everyone is what he has done
himself. Because the key reason of regulating legal socialization is
encouraging adolescents, youth, citizens for self-development, assisting in its
effective implementation.
The immediate factors influencing on the process of legal socialization
are in a socio-psychological phenomenon called a lifestyle. It is a holistic
microsystem of material conditions, the circle of the people with whom he
constantly communicates, and own human activity, which are comprised and
influence him. It is important to assess how the microcosm affects legal
socialization, try to improve its impact and, where necessary, if possible,
change it at all. The conditions and their effects depend on what a man makes
with them: he supports, endorses, adapts or tries to change. The classic
formula is circumstances affect the psychology of an individual inasmuch as he affects them. For example, members of the same community
who are under the same conditions, create different conditions for them, for
example, one constantly violates labour discipline and the other is not only a
model of efficiency, but also takes an active part in the struggle for a
perfect order. This explains why people living nearby, in the same
micro-environment, develop in reality in different ways. Inclusion of a man in
the promotion of justice and law, discipline, therefore, is an important way of
his own legal development.
Opportunities of improving regulatory impacts on the process of legal
socialization. The primal psychological task, which refers to the level of
State bodies, local authorities and every community, group is the task of a
drastic change in respect of legal socialization of citizens, the growing-up
generation, to overcome the prevailing spontaneity of this process, the
establishment of a system of legal regulation of legal socialization based on pre-emption
of retardation or its deformations. The task is as relevant as complex,
particularly in modern Russia.
A system of measures which could include legislative, organizational,
educational propagandistic, personnel, instructional, and scientific is required.
Instead of separate, isolated and partially outdated legislative acts,
it is desirable to have a single package, the law on legal socialization and
legal education of population, and in addition to it a number of bylaws on the
main directions of the activity.
There is a necessity to establish a system of legal governing processes
of legal socialization and legal education of population at the federal level.
It is rational to include all existing bodies relevant to legal socialization
and legal education (law enforcement prevention departments, children's rooms,
inspection to prevent juvenile crime, the authorities performing punishment,
legal subjects teachers, psychologists and social teachers of educational
establishments, etc.) in the system, filling temporarily vacant government
authorities by councils, public organizations which held coordination meetings
from time to time, and organization of consultations, public controls and
others.
In the last decade studying of law in various educational settings has
increased markedly but still there are possibilities to improve its quality. In
the context of the issue under consideration it is necessary to note the
necessity to include questions of law educational work in programs of legal and
pedagogical educational institutions, which are often absent therein. It is
necessary to include “legal education science” in the curricula which is not
studied at all. Studying of law points should be obligatory in all institutions
working with adolescents and youth. This study has an ideological importance
and should be referred at an extremely high level, using special intensive
psycho-educational technologies. The available data suggest that this study is
now quite far from perfect. Legal education is reasonable to start from
kindergarten, with family.
There is a necessity to talk about creating a system of law teaching of
population covering young families, young parents, teachers, and preschool
teachers of all categories, office workers, Government servants, law
enforcement personnel and others at a new qualitative and meaningful level.
The system of legal propaganda needs serious and substantial
improvements, there is a shortage of participation the media, institutions of
art, culture, leisure activity, video market in it.
Selection of personnel with ability to regulate the process of legal
socialization needs well thought-out decisions. Psychological selection
according to abilities is appropriate here. The experience shows the necessity
for special training of selected personnel, with specialization on law
education. Even persons with basic pedagogical and psychological education are
required a lot of time to understand how to deal with these idiosyncratic
problems. There is a necessity for training of lawyers-teachers and
lawyers-psychologists, and others need more specialization. All law enforcement
officers need improving their psychological and pedagogical preparation on the
issues. No intensification of regulation of legal socialization processes can
be achieved without these measures.
Literature:
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Ananyev B. G. About problems of
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2.
Ananyev B. G. A human as an object
of cognition / B.G. Ananyev. – StP.: Piter, 2002. – 288p.
3.
Andreeva G. M. Social psychology /
G.Ì. Andreeva. – Ì.: Aspect Press, 1998. – 376p.
4.
Kudryavtsev V. N. Legal behavior,
its subjects and limits / V.N. Kudryavtsev, N.S. Ìalein
// Prosveshchenie. – 1980 – ¹ 3. – P. 32
5.
Leontiev A. N. Activity. Cognition.
Personality / À.N. Leontiev. – Ì.: Academy, 2005. – 352p.
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Tokarev V. A. The situation of
forming of the law subject / V.À. Tokarev // State and Law. – 2012.
– ¹ 3. – P. 17 – 24.
7.
Chudnovsky V. E. About some
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8.
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