Правоприменение (Dec 2024)
Legal co-creation and culture: current aspects of mutual influence
Abstract
The subject of the research is the institute of legal co-creation of public authorities and civil society as a practical expression of the joint activities of subjects of state-legal relations aimed at the creation and constructive transformation of the legal form of public relations, carried out primarily within the framework of law-making activities of the state, as well as during the practical implementation of law (within the framework of law enforcement processes) in connection with the phenomenon of culture society and its legal culture. The stable interrelation of legal co-creation and culture in the state is revealed, in which there is a mutually beneficial positive influence of culture on the effectiveness of mechanisms of legal co-creation and legal co-creation on culture.The purpose of the research is to establish and substantiate aspects of the interrelation and mutual influence of the phenomenon of legal co-creation of public authorities and civil society and the culture of society (legal culture as its variety), the formation and development of theoretical positions in the plane of the ongoing study (research) of the phenomenon of legal co-creation.Methodology. The interdisciplinary approach serves as the basic methodological basis, which provides a synthesis of methodological tools of jurisprudence (formal legal, instrumental legal, etc. approaches) and methodological techniques and achievements of related socio-humanitarian fields of knowledge (cultural studies, sociology, psychology, political science, etc.), which allows a comprehensive and in-depth study of the phenomenon of legal co-creation as a complex social and legal phenomenon.The main results. In the course of the research, it is proved that legal co-creation is a necessary resource in the legal system of the state, conditioned by the culture of society, which allows achieving higher-quality and socially adequate law-making and law enforcement results (decisions). Scientific theses are proposed to develop the theoretical foundations of the problem of legal co-creation. It is noted that legal co-creation is an indicator of a high level of social and legal culture. The opposite positive influence of legal co-creation on culture in the state in general and legal culture in particular is also stated. The theoretical and practical aspects of the interrelation and mutual influence of legal co-creation and culture are characterized.Conclusions. Legal co-creation and culture are very closely interrelated and mutually influence each other. On the one hand, culture creates conditions for better and more effective legal co-creation of public authorities and civil society institutions. Moreover, it contributes to the formation of a special culture of legal co-creation, which in many ways acts as a special kind of culture of law-making in general, but also manifests itself noticeably in the processes of legal realization (where, among other things, it is required to involve active creative dialogical principles to solve issues related to the application of law), accordingly increasing the level of culture of legal realization. On the other hand, legal co-creation provides strategic and tactical “regulatory and legal services” to the culture of society, including a cross-section of legal culture, contributes to raising its level through legal means expressed both in federal laws and other regulatory legal acts, and within the framework of various types of state legal policy.
Keywords
