Information about the article
Title of the article |
Anomie of Society under Imbalanced Constitutional Values |
Authors |
Pavel L. Likhter — Сandidate of Law, Associate Professor of the Sub-department of Private and Public Law, Penza State University, 40 Krasnaya street, Penza, 440026, Russia, lixter@mail.ru |
Category |
PUBLIC-LEGAL (STATE-LEGAL) SCIENCES |
Year,.Volume, Number |
2021, Vol. 9, № 4 (36) |
Pages |
90-98 |
Article type |
Original article |
Index UDK |
342.41 |
DOI |
10.21685/2307-9525-2021-9-4-11 |
Abstract |
Background. Legal norms do not always reflect the legal consciousness of citizens, in this case there is a certain disintegration between the demands of the population and the ideals enshrined in the laws of the state. In the conditions of social differentiation, consumption cult and citizens atomization, such anomie entails the need to resolve a number of essential axiological, ethical and legal problems. The major aim of the author is to study the optimal balance of constitutional values at the present stage development of public relations. Materials and methods. The empirical basis of the study is the consti-tutional and legal provisions, law of Russia and foreign states. The tasks are solved using the comparative-legal, formal-legal, theoretical-prognostic methods of cognition. The normative-value method is applied to determine the essence of axiological phenomena, their evaluation with regard to the common good and justice. The sociological method is necessary to clarify the dependence of political and legal institutions on the social struc-ture, economic prerequisites. With the help of the functional method, the dependencies between constitutional and legal phenomena manifested in practices and institutions en-shrined in normative acts are studied. Results. The social and economic prerequisites of the anomie of society and the interdependence of constitutional ideals and legal con-sciousness of citizens are investigated. The problems of the imbalanced legal values in the Russian Federation are revealed. Conclusions. Based on the results of the study, the conclusion is made about the relevance of applying methodological holism in the field of constitutional law in order to scientifically substantiate the priority of the whole over the parts, the common good over the private interests. The analysis of the current situation allows stating the need to re-evaluate some public legal methods of protecting human rights. |
constitutional axiology, anomie of society, constitutional and legal values, common good, legal awareness of the population, imbalanced constitutional values, holism |
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References |
1. Rumyantsev O.G. (ed.). Iz istorii sozdaniya Konstitutsii Rossiyskoy Federatsii. Konsti-tutsionnaya ko-missiya: stenogrammy, materialy, dokumenty (1990–1993 gg.): v 6 t. (10 kn.). T. 5. Alternativnye proekty Konstitutsii Rossiyskoy Federatsii (1990–1993 gg.) = From History of Creating the Constitution of the Russian Federation. Constitutional Commission: Transcripts, Materials, Documents (1990-1993): in 6 Volumes (10 books). Volume 5. Alternative Drafts of the Constitution of the Russian Federation (1990-1993). Moscow: Volters Kluver, 2009:1120. (In Russ.) |
For citation |
Likhter P.L. Anomie of Society under Imbalanced Constitutional Values. Elektronnyy nauchnyy zhurnal "Nauka. Obshchestvo. Gosudarstvo" = Electronic scientific journal "Science. Society. State". 2021;9(4):90–98. (In Russ.). doi:10.21685/2307-9525-2021-9-4-11 |
Дата обновления: 28.04.2022 15:21