Studentų socialinės grupės teisinė sąmonė yra identifikuojama pagal hipotetinį modelį. Hipotetinis modelis kuriamas pagal mokslininkų A. Jasmonto, V. Šlapkausko, D. Meyers ir kt. teorijas. Modelio sistema formuojama per teisinės sąmonės sudedamąsias dalis: pažintinę, emocinę bei valinę. Pažintinė teisinės sąmonės dalis charakterizuojama vadovaujantis teisinę sąmonę formuojančiais veiksniais: žinių apie teisę šaltiniais ir teisinių santykių praktine patirtimi. Emocinė teisinės sąmonės dalis aiškinama per emocinį teisingumo išgyvenimą. Šis veiksnys išreiškiamas per asmeninį teisingumo vertinimą bei reakciją į pažeistą teisę. Valinė teisinės sąmonės dalis apibūdinama per kryptingą elgseną. Kryptinga elgsena yra veiksnys apibūdinamas per teisinio elgesio tipą, motyvus ir administracinės teisės pažeidimų toleravimą. Tyrimais pagrįsta, kad žinių apie teisę svarbiausias šaltinis yra formalus švietimas. Respondentai patvirtino, kad praktinė teisinių santykių patirtis yra svarbus teisinę sąmonę formuojantis veiksnys ir kad trečdalis respondentų dalyvauja šioje veikloje. Respondentai, vertindami reiškinius asmeninio teisingumo požiūriu, pripažino, kad studentų prestižas visuomenėje yra menkas ir jie jaučia didelį emocinį diskomfortą, patirdami neteisingumą. III–IV kurso respondentai reiškinius vertina gana kritiškai. Tai aiškinama J. Ruseno teorija apie kritinį mąstymo tipą. Tyrimais įrodyta, kad studentų reakcija į teisės normų pažeidimus yra įvairiapusė: ir rami, ir labai emocinga... [toliau žr. visą tekstą] / Students, as social group, law consciousness are identified according to hypothetical model. This hypothetical model is founded according to theories of scientists A. Jasmontas, V. Šapkauskas, D. Meyers and others theories. Factors forming consciousness are analyzed according to cognitive, emotional and volitional parts of law consciousness. The researches based that knowledge about law is a factor that forms cognitive part of law consciousness. Students’ knowledge about law is founded during a formal education. The researches based that respondents in practical experience of relations governed by law, while forming students’ law consciousness, aren't active as only one third of respondents take part in this activity. A presumption is made that students law consciousness is being formed more by theoretical knowledge neither practical. The knowledge is a ground for law ideology and for theoretical law consciousness to be formed students law ideology forms itself on the base of theoretical knowledge. Emotional justice experience, learned practically, is a factor, which forms law consciousness. This factor is reveals through the emotional part of law consciousness. Emotional justice experience is analyzed through the personal point of view to justice and the reaction to the law violations. The research based that the reaction of students to violations of law rules is many-sided, according to the situation it can be calm, and it can be very emotional as well. This phenomenon is... [to full text]

In northern Thailand, legal and social change creates dilemmas for forest conservation. On the one hand, Thailand suffers from severe deforestation and biodiversity degradation mainly as a result of human activities that overuse and encroach on forest areas. On the other hand, forestry law has, in turn, intruded on traditional communities that lived in and relied on the forest before modern state law diminished their lands and community rights. One of the potential solutions to this dilemma is community forest management (CFM), which acknowledges the forest stewardship of the communities who rely on the forest and helps them to become better forest protectors. CFM refers to people’s participation in forest conservation in the form of collective community action. The right to practise CFM is guaranteed in the Thai Constitution as a community right. However, state forestry law provides direct authority to government agencies and dominates forest management without reference to the Constitution. My hypothesis is that the Thai legal system is not compatible with CFM because the legal culture is based on written law and not on living law, which comes from the legal consciousness of the villagers and government officers who practise CFM. I use interviews as a research method to investigate the legal consciousness of three groups of people involved in implementation of CFM: members of three selected northern lowland and hill tribe communities/villages; government officers; and legal professionals. I apply green legal theory to analyze the two types of law governing CFM: state law and the law of the commons. People in the selected forest communities apply their own CFM regulations and use state forestry law for support only when their regulations cannot handle extreme situations. The villagers’ own CFM – the law of the commons – together with state law, creates their “living law”. Government officers cooperate with CFM, knowing that it will help them fulfill their mission of forest conservation. In contrast, legal professionals rely only on state forestry law rather than the Constitution, despite its supremacy, and ignore the law of the commons. To explain this phenomenon, I “decode” Thai legal culture by investigating its historical and social contexts. I also examine the legal education system, law making processes, legal commentaries and court decisions, to understand what shapes Thai legal culture. In my view, the narrow focus on statute law in Thai legal culture, and the focus on law as a profession rather than as a justice-based discipline, can be explained by the “modernization” of Thai administration and laws, and by the encroachment of globalization and capitalism, both of which have resulted in moving away from traditional land management based on the commons. I conclude by suggesting that the acceptance of CFM in Thai legal culture can be improved by encouraging socio-legal study, increasing understanding of CFM, implementing constitutional legal principles – and by reclaiming the law of the commons. / Graduate

This dissertation thesis Shaping of Legal Consciousness of non-law University Students aims to explore the process of forming legal literacy and consciousness of non-lawyers mainly via education. Premise or audited issue is that didactics and methodology of law and hence connected cultivation of legal consciousness of individuals are not very effective. Thereof the starting point is the anticipated inefficiency of teaching law for non-lawyers. The thesis firstly looks for the purpose of university education today as well as the position of its students. Further the concept of legal consciousness is presented. The last two chapters confirm some hypothesis using results of researches made for this thesis. The first research focuses on university teachers of law to non- lawyers, the second one deals with universities' students and graduates.

The presented PhD. thesis deals with effective strategies of forming legal consciousness of upper-secondary school students, and with methods that can be used for developing it. So far, legal scholars have paid only insufficient attention to this topic, even though many law experts have repeatedly pointed out its importance. Moreover, they stress the fact that a more detailed understanding of legal consciousness of citizens and of ways of influencing it can help us better understand how law works within the society. The thesis opens with the theoretical part, which defines the concept of legal consciousness, describes its level captured by the available empirical research and identifies effective strategies, which possess the potential to cultivate legal consciousness of the youth. In the following practical part, the author seeks to verify effectiveness of these strategies by means of student questionnaires, interviews with teachers and observations of their lessons. The theoretical part firstly introduces legal consciousness as the basic concept of the whole thesis. The first chapter presents the understanding of legal consciousness as one of the key terms of every law because it connects the world of law in books with the world of law actually experienced by people on day to day basis. Legal...

Diploma thesis aims to present different conceptions of legal consciousness, to highlight their historical and socio-cultural contexts and to outline their possible progress in selected directions. First chapter presents several textbook definitions of legal consciousness, including a comparison of "European" and "American" conceptions. Chapter 2 introduces and compares other expressions usually used in connection with legal consciousness - sometimes as synonyms, sometimes emphasizing some of its components or specific author's approach. Chapter 3 then accentuates historical dimension of legal consciousness, with examples of its ideological conceptions "with attributes" (socialist, revolutionary, popular legal consciousness). These three chapters constitute descriptive, overviewing part; possible synthesis is then concluded in Chapter 4. At first, it identifies three "inner" dimensions which arise from presented conceptual field and which need to be clarified if we want to talk about legal consciousness with sufficient precision: which component we focus on, which part of law and whose legal consciousness are concerned. After that we distinguish three kinds of discourse, that is, how the legal consciousness is talked about: lawyers, sociologists and educators or "users of law" approach it with different...

In recent years, unmarried women in China face great pressure to marry when they reach their late 20s and beyond. These women are referred to as leftover women, a terminology that plays into the notion that they fail to sell themselves in the marriage market at the best timing. Based on interviews and focus groups with leftover women in China, this dissertation situates their choices in the complexities of social and legal orders in today’s China to make sense of their decisions. Starting with a postcolonial critique of current literature on leftover women, this dissertation revisits leftover women’s decisions and demonstrates how their choices are made after evaluating all the available options rather than decisions made out of false-consciousness. I discuss how societal and parental expectations interact with state law to affect leftover women’s choices in marriage and childbearing. To understand how leftover women navigate through multiple levels of social ordering, I investigate the legal consciousness of these women when they judge which level(s) of social ordering they should follow. My analysis of leftover women’s strategies in engaging with state law challenges the assumption that ordinary Chinese people’s reluctance to use the formal legal system is a result of their lack of legal knowledge. My interviewees’ emphasis on family relations and public attitudes regarding marriage and childbearing complicates and contributes to feminist relational theory by questioning its strong attachment to autonomy. Building on postcolonial feminist legal thoughts, I advocate that feminist relational theorists need to distance themselves from autonomy in order to understand the choices made by women who prioritize familialism over individualism. To unsettle feminist relational theory’s unconditional attachment to autonomy, I elaborate on leftover women’s understandings of the relationship between the self and the family and other people in their social networks. This elaboration is achieved by investigating the impact of societal and parental expectations, as well as leftover women’s participation in constructing the notions of filial piety and motherhood. This dissertation offers a detailed discussion of leftover women’s choices in marriage and childbearing by demonstrating their navigation through multiple levels of social ordering. It also provides a postcolonial analysis of the approach of “blaming culture,” which has been used by many scholars who study leftover women, as well as other issues concerning marginalized populations in authoritarian states such as China. At the same time, this dissertation illustrates a way of analyzing women’s choices without focusing on autonomy, which is of great importance for research on women whose culture prioritizes familialism over individualism. This dissertation also contributes to the areas of legal consciousness and legal pluralism by explaining ordinary people’s reluctance to separate state law and non-state social ordering. This is a timely empirical study aiming to serve as a springboard to invite future research on law and emotions, and law and family relations, relationships and legal consciousness, and postcolonial analysis of the impact of patriarchal Confucian culture and Chinese legal culture in general. / Graduate / 2022-06-02

This thesis is a qualitative empirical study aimed at understanding the legal consciousness of women in a poor urban community. Through the narratives of women who were interviewed for this study, articles in the media, social media, and film, it explores the predominant problems experienced by women, and their experiences of engaging systems ‘in and around the law'. I argue that localities like Lavender Hill cannot be seen as homogenous and one cannot assume that all people approach problem solving from a similar perspective. Using a feminist lens, with literature on legal consciousness, legal cynicism, and legal pluralism as a backdrop, I describe the legal consciousness of poor urban women; what Ewick and Silbey refer to as ‘tracing the law in everyday life'. I interviewed 52 women, of which eight are women who live and work with other women in the community. Using an open ended questionnaire, I captured these narratives and analysed them, describing the themes and trends which surfaced. Poor urban women in this context not only navigate the daily threat of gang violence. They live in a place that is neglected, and seek positive solutions, despite high levels of patriarchy and systems that are inaccessible and unfair in response to their problems and disputes. A key finding of relevance to legal consciousness theory is the existence of different typologies of women − despite the relatively small geographic locality − with diverse norms and values. Of value is the description of varied attitudes towards systems ‘in and around the law', and different problem solving approaches. This makes a significant contribution to legal consciousness scholarship, in that it brings into view the seminal role of norms and values in social control, and how this shapes women's expectations of the law, as well as their approaches to the law, and other systems that assist with problem solving. This finding has value for practitioners and policy makers seeking to make a contribution to social justice and improve the lives of women in poor urban neighbourhoods like Lavender Hill.

In this work author is analysing problematics of determination of legal consciousness as a category of criminology. This objective is being achieved through examination of the characteristics of legal consciousness, the impact of sociostructure of legal consciousness on legal reality and its functional features through interaction with legal reality; causality of social origin of legal consciousness and problematics of the complex of factors causing criminality; importance of legal consciousness in the process of socialization of an individual and in the mechanism of criminal behaviour; the place of which legal consciousness is undertaking in the system of features of criminogenical personality. Seeking to prove that the legal consciousness of a criminogenical personality is deformed, an empirical research in the form of a questionnaire „Female criminal behaviour and their legal consciousness“ was undertaken in the Panevėžys Penitentiary. By generalizing the results of the research made, author has established that the legal consciousness of majority of women, behaving in a criminal way, were inclined in legal nihilism - they were neglecting social and personal value of law and seeing it as a poor regulator of social relations.

Legal consciousness is one of the most important concepts in criminology, which defines individual or public perception of justice, expectations of legal behaviour and demand for sanctions for the deviation from the rules. The theorized criminological perception of legal consciousness, also modern introductions on this field are passed in review in theoretical part of this study. The positive, the subjective and the modern conceptions of legal consciousness are presented.

Lietuvos visuomenė prieš daugiau nei dvidešimt metų visuotiniame referendume priėmė aukščiausios teisinės galios aktą Lietuvoje - LR Konstituciją, kurios preambulėje įtvirtinta, kad Lietuva sieks tapti atvira, teisinga, darnia pilietine visuomene ir teisine valstybe. Tačiau beveik du dešimtmečius nepriklausomoje valstybėje besiformuojančios teisinė, socialinė, ekonominė ir politinė sistemos liudija, kad mūsų visuomenėje įsigalėjo tokia vertybių sistema, kurioje tokia vertybė kaip teisė yra ignoruojama ir atmetama, t.y. stipriai paplito teisinio nihilizmo reiškinys. Šiame darbe analizuojami teisinio nihilizmo kaip socialinio reiškinio ypatumai, jo priežastys bei įveikimo galimybės bendrojo lavinimo mokykloje. Tyrime dalyvavo Radviliškio X pagrindinės mokyklos mokiniai: iš viso 98 mokiniai besimokantys 7-8 klasėse bei 82 jų tėvai. Darbe atlikta statistinė duomenų analizė apdoroti apklausos rezultatams. Svarbiausios empirinio tyrimo išvados: darbe keliama hipotezė – neištyrę teisinio nihilizmo atsiradimo priežasčių bendrojo lavinimo mokykloje ir identifikavę šio reiškinio pasekmių negalima suvokti jo destruktyvaus pobūdžio ir imtis efektyvių priemonių jam mažinti, pirmiausia bendrojo lavinimo mokykloje, o paskui ir visuomenėje. Juk kaip bus suformuojama vaikų teisinė sąmonė ir kultūra mokykloje tokia bus ir visuomenė. Sąvokos teisinio nihilizmo bei taisyklių ir kitų elgesio normų nesilaikymo išreikštumas tėvų tarpe, turinčių aukštesnįjį ir aukštąjį išsilavinimą, nėra... [toliau žr. visą tekstą] / 20 years ago Lithuanian society adopted in the national referendum the Constitution of the Republic of Lithuania in which preamble is stated that Lithuania seeks to become an open, fair, harmonious society and a constitutional state. But nearly two decades in the independent state developing legal, social security, economic and political systems testify that in our society has set in a value-system when such a value as the law is ignored and eliminated, i.e. the phenomenon of legal nihilism has spread. In this work the peculiarities of legal nihilism, also its causes and ways of overcoming in the comprehensive schools are analyzed. 98 students from the 7-8th forms of the Radviliškis X lower secondary school and 82 parents took part in the research. In the work the statistical data analysis was done in order to summarize the questionnaire. The most important findings of the empirical research: hypothesis of the work – not having investigated the causes of legal nihilism in comprehensive school and identified its results, we are not able to understand its destructive nature and to take effective means for its reduction, first in the comprehensive schools, and later in society. The concept legal nihilism and the departure from the rules and the proprieties among the parents with further education and university education isn’t significant statistically. The concept legal nihilism among girls and boys isn’t meaningful statistically. The departure from the rules and the... [to full text]