Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Public Governance, A...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
Public Governance, Administration and Finances Law Review
Article . 2023 . Peer-reviewed
License: CC BY
Data sources: Crossref
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
versions View all 2 versions
addClaim

Social Legal Consciousness or Legal Culture?

Authors: István H. Szilágyi;

Social Legal Consciousness or Legal Culture?

Abstract

In contemporary legal sociology research, legal culture and legal consciousness are often used as synonymous or closely related, overlapping concepts. The aim of this paper is to elucidate the possibility of separating the two concepts through a more in-depth analysis. The first part of the paper explores the ideological-historical connections between the two concepts and argues that the conceptual confusion between legal culture and legal consciousness that characterises contemporary legal sociology occurred in the 1970s in American legal scholarship. The concept of social legal consciousness is first discussed in the context of conceptual analysis. After a general definition of legal consciousness, the components of individual legal consciousness, the factors and mediating structures linking individual and social legal consciousness, and finally the theoretical issues of conceptualisation are discussed. The second part of the conceptual analysis focuses on the concept of legal culture. The difficulties of defining the concept are taken into account, starting from a review of the academic debate surrounding the work of Lawrence Friedman. The concept of legal culture is constructed on the basis of the criteria for conceptualisation derived from this. The core concept is culture, and the distinguishing feature is a sociological concept of law. Next, it introduces the distinction between lay and professional culture and examines the extent to which the concept of legal culture thus outlined meets the criteria set out above. The paper concludes by summarising the rationale and yields of the conceptual analysis, highlighting the dynamic relationship between legal culture and social legal consciousness.

Country
Hungary
Keywords

professional legal culture, legal pluralism, individual legal consciousness, social legal consciousness, sociological concept of law, K, K Law (General) / jogtudomány általában, culture, JF20-2112, HG1-9999, Political institutions and public administration (General), lay legal culture, legal consciousness, Law, Finance

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    5
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
5
Top 10%
Average
Top 10%
gold
Fields of Science
Fields of Science