STUDY OF LEGAL CONSCIOUSNESS AS WAYS TO IMPROVE THE EFFICIENCY OF LEGAL NORMS (IN THE EXAMPLE OF ENVIRONMENTAL RIGHT)
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the practical aspects of the study of legal consciousness, in particular, the identification of inclinations of subjects of law enforcement to a restrictive interpretation of the law. Some legal constructions are considered that may lead to misinterpretation and application of the law (based on the jurisprudence and practice of the Aarhus Convention Compliance Committee). Issues of legal consciousness today are at the centre of attention of scholars. However, works devoted to this topic are mostly concentrated within the theoretical-legal and philosophical-legal studies. The very phenomenon of legal consciousness, of course, is available in all aspects of legal reality. If we are talking about legislation aimed at protecting the environment, then we also have to deal with environmental consciousness. The division of science by subject-matter should not restrict the use of the achievements of other disciplines since only the interdisciplinarity can give a coherent picture of the world and a more practically oriented result of the study. Finally, there is no need to be a scientist to notice that taking into account the features of consciousness, national mentality, habits in business, tourism, in the international cooperation in general is a commonplace thing. It is necessary to determine certain methodological principles: a) in this study, the concept of environmental and legal consciousness will be used purely for utilitarian reasons since the subject of the study is the particular features of law-making, law enforcement, and enforcement activities in the aspect of the environmental legislation. So, in order not to deviate from the main subject of the study, we will, for the most part, avoid “excessive deepening” and we do not intend to express opinions on all philosophical and theoretical-legal discussions about the legal and ecological consciousness that are numerous; b) it is necessary to adhere to a realistic vision of legal consciousness, an understanding that in any society it has certain mistakes, and their coverage should be as constructive as possible, be aimed at practical results, and not moralization; c) use of judicial practice as empirical material. Again, the analysis of judicial practice should focus on constructive proposals, rather than on critical remarks. After all, the specificity of scientific research to some extent predetermines the fact that the shortcomings are at the centre of attention, whereas the correct application of the rules of law often remains unconsidered. Figuratively speaking, the analysis of judicial practice can be compared with car inspection – it is necessary to identify “technical malfunctions” of the application of the law in order to correct them, and not resort to moralisation on the subject of the crisis of the judicial system.
Authors and Affiliations
М. І. Тарнавська
Keywords
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