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§ 2.3. The religious-magic and aesthetic bases Legal ideology

The legal ideology has religious-magic and aesthetic roots.

They are traced both in the maintenance, and in the mechanism of legal ideology. In the given work distinction between magic and religious roots of legal ideology as their association is justified by long coexistence in system of political ideologies of the traditional states is not spent.

Nevertheless, their differentiation is possible also, as an example to that G.D.Gurvich's unique product «Magic and the right», where the known domestic lawyer can serve in a sense, leaning on works in J. J. Frezera and other researchers of magic and religion as social institutes, establishes their connection with the right through communication of magic, religious and legal representations. In protection of our approach it is necessary to tell, that in spite of the fact that as absolutely fairly approved D. Gurvich, magic prestavlenija as [210] representations about supernatural immanent, are distinct from religious representations as representations about supernatural transcendental, nevertheless they were weaved together already in system of religious ideologies of traditional societies of the ancient and medieval states. Magic representations and representations religious have been balanced in politeisticheskih religions, religious representations prevailed over magic in monoteisticheskih religions. Follows will agree with opinion that as a whole religious representations act as more difficult from the intellectual point of view, and magic - as more simple and archaic. So, J. J. Frezer fairly marked: « If the magic is deduced directly from elementary processes of thinking and is, in essence, an error into which human mind runs almost spontaneously the religion is based upon concepts which hardly probable on a shoulder to intelligence of an animal. On this basis it is possible to assume, that in evolution of mankind the magic has arisen before religion; that the person tried to subordinate the nature to the desires siloju charms and spells before began to undertake attempts to cajole and soften the closed, whimsical and angry deity a gentle insinuating pray and sacrifices ». Archaic magic representations in the pure state never underlay uniform political ideology of the state level, they have always been connected with religious, and only in this interrelation their ideological importance was defined. At the same time, as well shows D. Gurvich, magic representations and experts, and also religious representations and rituals form various kinds of the right and legal procedures through introduction in consciousness of people defined-212

Representations.

Speaking about the religious-magic bases of legal ideology, it is necessary to notice, that they take place, as at level of the maintenance of ideology (it is visible at valuable and ideological levels), and at level of the mechanism of ideology (vklju - [211] [212] tea receptions and ways of functioning of this mechanism). Really, almost all elements of the ideological mechanism, such as association with procedure, a nomination, mifologizatsija and others leave the roots in magic and religious practice. This problem has received sufficient reflexion and due

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Research in legal anthropology.

As the core in this plan the understanding supernatural on which are under construction both magic, and religious representations acts.

The magic and religion are claimed when the natural requires the supernatural.

Separate question is the question on the aesthetic nature of legal ideology. It not so is obvious, however at level of the maintenance and at level of the mechanism of functioning influence of aesthetic representations essentially. The perception of harmony and disharmony, fine and ugly is one of the most ancient in representation of people about the world. This perception accompanies magic, religious representations. Magic and religious experts always answer aesthetic criteria and closely with them are connected, therefore it makes sense to allocate the aesthetic nature of legal ideology, but not its aesthetic functions. More likely, for legal ideology the aesthetic component is necessary for its efficiency and does not create functions which require independent consideration. Owing to it we also have brought a question on the aesthetic bases of legal ideology in the given paragraph.

First of all, for us it is important to analyse representations about supernatural and to establish how they find reflexion in system of legal ideology. The ideological sphere of a society is always connected with "doubling" of a reality and in this plan requires representations that oversteps the bounds ordinary, in representation about the supernatural. Presence of the supernatural allows to justify an existing state of affairs, to explain them and, eventually, to operate them (to make on their impact). Supernatural - an inexhaustible source of authority for the justification something or destruction [213] something, a perennial spring as legitimations of existing public relations, and their transformations.

From the magic point of view the supernatural is inherent in everything, that possesses manoj (magic energy). Representations about mane are one of the most ancient magic representations. Presence many assumes possibility of any actions at sacral, supernatural level, possibility to live not on general rules profannogo the world. Mana has quantitative measurement and the power nature, it in different degree is inherent in individuals. Representation about certain unique supernatural properties of the person gives rise to legal representations about human rights, about the rights extracted by the individual, about the right as privileges of the concrete individual. In it finds the expression individual measurement of the right: everyone can take to itself(himself) freedom so much, how many can apprehend weights of responsibility, accordingly, here play a role power qualities of the person.

The idea many lays and at the heart of representations about the property right, about associations and contracts. From the point of view of magic representations it is supposed, that mana the person except a power context it is perceived and as a personal marker. If any thing belongs to the person criterion of its accessory is its "impregnation" manoj this person, accordingly, it speaks about the property right as about the natural right. So, in ancient magic cultures representation that the owner of the stolen thing can punish through it the thief as it is penetrated it manoj has been extended, and it can influence through this thing on associates. Also, within the limits of such cultures the unions consisted through an exchange of gifts which represented from the magic point of view an exchange manoj between people or the communities, assuming not only legal, but also, first of all, magic communication.

For mythological representations representations about the magic law of liking which consist that «the similar aspires to [214] similar» are peculiar also. Quite often these representations take place and in modern legal ideology when the restrictions established by the right for some persons who «had kasatelstvo» to the criminal act which relatives are convicted of any illegal activity and so on are justified. In more details and a little in other foreshortening these questions have been considered J. J. Frezerom, which, speaking about sympathetic magic (the magic assuming the law of liking), allocated homoeopathic magic (the similarity law) and kontagioznuju magic (the "infection" law). Certainly, here, in magic type of thinking, we see distortion which can be used ideologically or as the J specifies. J. Frezer, we here face with «in the ways of abusing communication of ideas» [215 [216].

The idea of a measure also has the expressed magic nature. It is closely connected with representations about mane, considered by us above as mana has the power measure, and the immanent supernatural is shown through it (through this, some kind of, magic energy) gradually. The measure, first of all, characterises the formal party of magic representations and degree projavlennosti the person through it manu. The idea of a measure as «freedom measure» underlies legal representations about an order. Freedom becomes legal only in the event that it is moderate (that is has a measure, borders, formalisation). Then it can be fixed and in social sense is responsible. Without representations about a measure the law and order which, certainly, assumes umerenie freedom of all and everyone is inconceivable also. Idea of a measure as the idea of the form, is idea which also can be apprehended as aesthetic. In this quality it is an aesthetic element of magic representations.

From the religious point of view the supernatural is behind a side of human understanding, it has the divine as the source. Force religious sakralizatsii consists just in absolutization sacral - supernatural - divine. Here, also as for magic representations, the idea many is important, the idea of the God and representation about divine sacral, not giving in to understanding from inhabitants usual - profannogo the world is important. In religious representations display supernatural is not something usual, penetrating all social experts as we it see in magic representations, this event extreme. Ierofanija (intrusion divine, supernatural, sacred in profannyj - the ordinary world) is always perceived as something bright, solemn, surprise -

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telnoe and not ordinary.

At valuable and ideological levels, certainly, the religious idea of a uniform incognizable order which is peculiar to religious representations at once is evident and is reflected in legal ideology today as idea of the law and order. This order from the religious point of view is consecrated by the God so to check its internal moral feeling it is not meaningful. This order also is identical to justice. The divine order cannot be unfair. Moreover, only it also is fair and can serve as a unique criterion of justice (here secondariness, a prorecension - nost legal idea of justice for religious consciousness just is distinctly shown). It is an order which is self-valuable, and in this sense it resists to the disorder, chaos in which is not present top a bottom. The idea of an order is connected and with idea of a measure and, also as the idea of a measure, can be interpreted aesthetically.

At legal ideology also there is an image of court. Court as the intellectual certificate of judgement in its higher sense - Superior court - the privilege of the God; the court as the mechanism of the legal resolution of disputes too, from the point of view of religious representations, belongs to a deity, however this right can be delegated to people. From here, as we see, originates sakralizatsija vessels as establishments under the resolution of disputes and problem situations in a society. Court as the mechanism of [217] resolutions of disputes and court as wise judgement merge together in a religious image of the wise Founder - the Higher Judge or a wise man to whom the god has charged to take out judgements his name.

One of the important values in system of legal ideology is value of the law which is expressed in idea of the law. It is necessary to agree with V.P.Malakhov's opinion that the law - concept religious, «... It is necessary to consider the law as concept, characteristic for religious consciousness». At the same time «the Opened layer is sacral-sacred is not only the most deep maintenance of concept of the law, but hardly probable not the paramount moment at judgement of a phenomenon of the right», - the scientist approves. Not casually in a segment of legal ideology of the state the idea of the law is most ideologically claimed, after all in ideological sphere of the state many centuries the religious ideology dominated. The idea of the law assumes a source of this law as higher rule, interdiction and so on, forming a "correct" order. Something supernatural can be this source only. In religious representations the similar source abundantly clear is a God. We see, how religious-legal concepts consistently deduced laws human from the divine. (Foma Akvinsky, Jacque Mariten and others). Today in the conditions of "secular" ideology such "source" the will of the people can serve. In any case the law (in difference, for example, from the contract) is the unconditional unilateral requirement only unconditional authority can be which source. When deficiency of such authority usually the idea of the law is transformed to idea of the contract of which in the present chapter of research it was a question above is observed.

The idea of a sin is important in system of religious representations. It is supposed, that the person is imperfect and is not similar to the God owing to the sinfulness, natural ushcherbnosti, to presence at it of an element of the disorder and the chaos breaking a divine order. G reh assumes display neso - [218 [219] vershenstva the person which cannot be eliminated. At the same time, representation about a sin creates a basis for its understanding, as well as for distinction of the world sacral and the world profannogo (as sin kingdoms). In system of legal ideology most accurately the idea of a sin is expressed in representation about criminal, illegal. Illegal (criminal) is undesirable, the challenge throws down to the law and order, however can be quite apprehended as a "normal" reversible deviation. The sin, as well as a crime, is a way of realisation of freedom assuming responsibility, and responsibility acts as "medicine" for a sin [220]. Legal responsibility is the form of restoration of the law and order. The criminal legislation of the modern states just and napravlenno on such symbolical "restoration" of the broken law and order in its most important moments also is characterised by the latent sacral relation to it even in a modern society [221].

Here we naturally pass to other religious idea - idea of requital. It is connected with religious idea of a sin, thus expressed in system of legal ideology in idea of responsibility, and in the right this idea is realised through the mechanism of legal responsibility. It is very well illustrated in F.M.Dostoevsky's well-known products a "Crime and punishment", «Brothers Karamazovy». The requital in religious sense is both punishment, and restoration of spiritual integrity, both elimination of consequences, and "thunder-storm"-threat - expression «fear dominical». In idea of responsibility we see similar aspects, through responsibility there is a correction of the person, elimination of consequences illegal (criminal), punishment and the general prevention. Through punishment and through responsibility the order in which basis the law supported with absolute authority lays triumphs.

It is necessary to notice especially that magic representations in system of legal ideology more all dominates in its individually-focused discourse: freedom and responsibility discourse, and religious - in socially focused discourse: an order and justice discourse. Ideas of freedom and the responsibility connected with it correlate with magic representations and mythological images, representation about a general fair order, certainly, correlates with the religious outlook, differing expressed sistemnostju. Magic representations assume, that the person possessing energy (manoj) and knowledge can develop a certain system of actions and involve in realisation of freedom supernatural forces under the responsibility. Religious representations assume the uniform order established by the God, uniform supernatural criterion of justice (which cannot be learnt, but it is shown through the law).

Now we will address to the aesthetic bases of legal ideology at tsennostno-ideological level. As already affirmed above, the aesthetic idea of the form takes the form of ideas of measures and an order in a religious-magic context. In language the aesthetic phraseology in spite of the fact that speech can go about moral questions is often used: how to arrive "beautifully", and as it is ugly"(and as marked also. The edging, probably, is not present possibility to consiliate aesthetic and moral consciousness owing to their contrast). Nevertheless, it is necessary to pay attention to this moment. Criteria beautiful/ugly, pre - red/ugly in system of legal ideology correspond to criteria lawful/illegal. It is enough to pay attention to such ideological"product"of a mass culture as comics where the hero possesses positive aesthetic characteristics, and negative, accordingly, - negative. Running forward, it is possible to tell, that just such "association" moral (moral and legal) and aesthetic sphere underlies of some ideological ways and influence receptions on public consciousness. It is necessary to notice, that aesthetic characteristics of this or that action, this or that concept are always ideologically significant and influence an estimation of action and perception of the concept. Also it is necessary to underline, what even in a number of filosofsko-world outlook systems which were put forward by the well-known thinkers, it is quite often possible to see idea of a parity of the aesthetic form and the moral maintenance. Similar representations are expressed in mass consciousness and well presented in fiction (G.Uels «the Truth about Pajkrofte», O.Uajld «Portrait Doriana Heating» and other products).

The aesthetic idea of harmony in legal ideology is connected with idea of a fair order - the law and order. Such order is supported with representation about its harmony. Disharmony associates with infringement of this order and privneseniem in it of the disorder through wrongful acts. Disharmony also can be perceived as loss of a harmony of certain quality of an order, as transformation of a correct order in wrong, a fair order in the unfair.

Now we will address to the mechanism of legal ideology. Really, features of the mechanism of legal ideology are capable to give us full enough representation both about its religious-magic, and about its aesthetic nature.

For this mechanism such magic reception, as an ideological nomination (imenovanie) is characteristic, for example. Imenovanie - investment with a name, is initially religious-magic procedure: the action (originally magic) to which the great value was given in various ancient cultures. Now the nomination extends not only on people, but also on the phenomena, processes, groups, behaviour models. So, those or other models of behaviour, ways of thinking and the argument can be qualified as racist; the person can be called as the recidivist (in modern criminal law of Russia it is concept is absent, is only the concept "relapse"), to be defined as the terrorist, the extremist or, on the contrary, as the fighter for freedom, the courageous politician, the friend to the people and so forth. Certainly, these nominations are widely used in ideologiche - [222] skom a discourse. The legal ideology applies an official and authoritative nomination (for an official nomination it is necessary that nominating corresponded to formal criteria. So, that this or that action has officially been nominated, that is is defined, named by aggression, it is necessary, that certain international bodies, that is in this case United Nations Security council, considered actions by certain criteria would estimate and have passed the official decision with observance of appropriate legal procedures. The authoritative nomination of the such does not demand, it requires a source possessing authority, it can be the public agent, scientific, the public figure and so on). The nomination as though transforms the named phenomenon in our consciousness (in ideological sense successful investment with "name" it is valid transformation, as well as into magics). Here the statement «is pertinent as you of the person name, so it and will concern». It is not casual, very important to analyze the basic concepts which are entered into a discourse by various actors of social relations, in them attempts to "transform" someone or something in villains (angrily) are visible, and something, on the contrary, to "rehabilitate". So, different actors to the same people can apply different characteristics: terrorists, extremists, on the one hand, revolutionaries, fighters for belief (freedom) - with another. Often lawyers try to remove a negative nomination of "villain" from the client and to replace it on harmless, harmless, representing the client with a victim. Thus, the nomination as the ideological reception having the magic nature, can act both as a damnation, and as blagoslovle - nie. It is necessary to notice, that the nomination is a base ideological reception which is of great importance for understanding of the mechanism of any ideology. The nomination also is connected and with aesthetic consciousness and should be considered as harmonious in relation to an existing picture of the world.

Association reception also is important in the ideological mechanism. Here magic representations are used that the similar aspires to similar (the liking law, «sympathetic magic»), and also representations about mane. Logically-unreasonable communications which can stand out, for example, for a relationship of cause and effect are thus spent. Through association the identity, interrelation, and also odnoprirodnost and uniformity of those or other social phenomena and processes can be staged. Really, if subjects, the phenomena, processes, people are connected through a magic basis - manu, their communication does not give in to logic verification, it can be defined only magic means, and its presence or absence becomes a question of belief, force of belief, aesthetic appeal and political-economical expediency. Association ekspoziruet communication there where these communications actually are not present, the valid communications in this case can be veiled. This reception is very important for the ideology mechanism as at the heart of ideology the problem of creation of a plausible picture of the world lays, and she leans, as we have found out earlier, on falsification or thinking imitation. Thus, logic communication is replaced with the associative. Associations can be the different types, invariably one: the association substitutes the valid communication and has aesthetic aspect. The success and plausibility of association depend on that, how much it is beautiful and harmonious.

Let's address now to reception ritualizatsii. Ritualizatsija (replacement of the maintenance by ritual) has religious-magic, and also the aesthetic nature. In spite of the fact that ritual is connected, first of all, with religion, representation about technology (the mechanism of actions) which result is validity change through the reference to supernatural, has arisen already in magic representations and then has passed in representations of the religious plan. «The imitating magic», that is the magic shown through symbolical reproduction in human actions of desirable (caused) natural phenomena (an example the rain call by prolivanija serves a liquid on the earth from an eminence) is connected with ritual so-called. Ritual in system of legal ideology should prove also communication with certain value and idea expressing it. So, ritual of session of the court (and it is strict ritualizirovano) urged to make impression of participation in the valid justice as to expression of the higher justice and a fair order. The success ritualizatsii depends on the aesthetic maintenance of ritual (procedure). As a matter of fact, reception ritua - lizatsii in interrelation with association reception create effect which we observe in religious and legal practice - effect of association of value (idea) with procedure. So, ritual reproduction in religious practice, despite the formal nature, associates with service to the God (the concept "divine service" of our consciousness associates with ritual). As well procedures of elections in representative bodies of the power and referenda associate today with such value as democracy - with democracy. Observance of appropriate procedure - one of the major legal requirements who has essential value for the right. For example, if proofs are received by inadequate ways, they can be not accepted court, and guilty can avoid owing to it responsibility.

One more ideological reception - reception mifologizatsii is worthy also. It has both religious-magic, and the aesthetic nature. V.A.Bachinin truly notices, that religious-magic representations and mythological "thinking" peculiar to them «... Imposed on a picture of a universe model of binary signs and considered a reality through a prism of contradictions - of oppositions: chaos - space, the earth - the sky, day - night, a life - death, man's - female, the - strangers etc.». Nevertheless, it is necessary to recognise, that mi

fomyshlenie is not exclusive attribute of an antiquity. Today the mythological consciousness is not less developed at all, and as an example R.Bart's research which connected modern social mythology with stereotypes of bourgeois culture can serve that. A myth - the difficult form of falsification of thinking which uses the images addressing to archetypes collective unconscious, which, certainly, are shown both in religious, and in modern legal consciousness. It is necessary to tell, that in modern juridiche - [223 [224] [225] skoj theories mythological elements also obviously are present, as fairly and with deep arguments V.P.Malakhov [226 [227] proves. The theory also ideologizirovana also represents an element of an ideologo-legal discourse (not casually V.P.Malakhov brings an attention to the question on a myth, on scientific character of the most legal theory).

Simvolizatsija - reception which should not be identified with mifologizatsiej (as it is done by R.Bart). Simvolizatsija assumes an identification of this or that value and idea expressing it with any sign, a slogan, image, in a word - a symbol in the widest sense of a word. Simvolizatsija - reception which has both aesthetic, and the religious-magic nature. It is characteristic and for modern legal ideology, though and to a lesser degree, than for ideology religious. In Europe epoch of feudalism the gallows located in settlement, testified that is in this settlement suveren, that is the person or a group of persons which are allocated in the given territory by the right of the higher jurisdiction - the right to execute and pardon. Today many legal procedures have symbolical loading, for example, litigation abounds with justice symbols. Simvolizatsija it is connected and with attraction of a powerful aesthetic resource in ideological sphere. Not casually symbols for a long time the left ideologies today often revive, and through them the ideology revives also, whatever disgusting (for example, the ideology of nazism) it was, after all originally it is perceived aesthetically, and "is aesthetically justified" subsequently.

The aesthetic beginning passes through all mechanism of legal ideology. Advantage of aesthetic values that they are obvious in concrete displays and do not require a substantiation, thus possessing function of investment by the importance of with what they are connected. Accordingly, the aesthetic beginning is present both in ways, and at receptions of ideological influence, in its most algorithm, in ideologically valuable structure of legal ideology, in ideological theories and concepts, in forms and attributes of the ideological device at organizational-institutsionalnom level (ideological establishments and practice of their functioning) and so on.

We will consider all these receptions later in a context of research of structure of the mechanism of legal ideology. At the present stage for us it was important to show receptions, ways of ideological influence, together with other elements of the ideological mechanism from the point of view of their display it is religious - the magic and aesthetic nature.

Today, when on change of mythology and to religious beliefs come

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«Legal beliefs», and the legal ideology starts to play the leading part in ideological sphere of a society, a number of the important religious-magic functions is still characteristic and for modern legal ideology. These functions are inherited by legal ideology from ideology religious.

Concerning the right it is possible to allocate such function as function sakralizatsii and ritualizatsii (here ritualizatsija it is considered as the process accompanying sakralizatsii, realised in close interrelation with sakralizatsiej, accordingly, we allocate one, instead of two functions). Really, religious and magic representations have made serious enough impact on the right. The modern legal ideology as we have found out how it is substantial, and on the mechanism is in many respects based on religious and magic representations. For it the recognition of the higher value of the right that demands the higher authority and, actually, a supernatural resource for legitimation is characteristic. Legal procedure, its cleanliness, correctness, as a matter of fact, become today analogue of religious ritual or a magic ceremony [228 [229]. At the same time sakralizatsija and ritualizatsija the rights, connecting the right with supernatural authority, nevertheless, are opposite to its rational economic nature. There is in this plan a certain competition between is religious - magic, and also the aesthetic nature of the right, on the one hand, and its economic nature - with another. In legal ideology the rational moment (it already prevails it is well visible if to compare its maintenance and functioning to religious ideological systems). At the same time the ideology assumes thinking falsification, and also perception of certain belief on the basis of only one belief in them or in their source (authority). Such errors of thinking and its falsifications often supported with aesthetic value (it is difficult to us to call in question that we believe harmonious and fine), underlie any ideological system. Today the right includes a considerable religious element, and this element allocates with its special authority. Without this element the legal ideology as an ideological basis of the modern politically organised society is impossible.

Concerning the person as religious-magic function of legal ideology function of spiritual adaptation acts. Really, long time this function has been connected with ideology religious, however in a modern society which is not guided by concrete religious representations, legal representations become that universal sphere of a spiritual life of the person in which frameworks the person can carry out effective and full communications with other persons and social institutes. In minimum, but thus universal legal views the person learns today itself as a part of the great sociopolitical whole. At the same time, the legal ideology, being "minimum", is not inclined (unlike ideology religious) to supervise all spiritual sphere of a life of a society. Accordingly, today the person in social not to significant sphere of the life possesses freedom of choice (in it certain value of legal ideology sees). At the same time, whatever religion professed the person, to whatever political views he adhered, in a modern society of the western type executes function of spiritual adaptation in the social environment the legal ideology can only. Expressing loyalty to its values and ideas, the person can enter into a respectable official discourse so to express the opinion, to express itself in the social environment.

Concerning a society as religious-magic function of legal ideology it is necessary to allocate function of formation of a supernatural welfare area or is standard-valuable basis of the discourse which is based on the bases of belief in supernatural (let even «secular belief»). Certainly, we require certain constants in which quality in sphere of social knowledge legal values and ideas act today. They admit universal owing to the appeal to their higher "supernatural" rationality and justice. Their "supernature" causes their noncritical perception, perception through belief mechanisms. Inherently the religious relation and religious perception of a valuable basis of an existing political society and bases of an existing way of life as correct/correct always underlie positive perception of most this society. Only on this world outlook base of belief probably building of any social open discourse differing bolshej or smaller degree of rationality. Really, only on the general idejnotsennostnoj to a basis social communications can effectively be carried out, without a political generality basically are inconceivable. Abundantly clear for politically organised society, that about whatever stage of its development we spoke, only the general values can consiliate private interests. Speech, of course, does not go that as Platon dreamt, all people in the state should think equally, but it is a question that people essentially should trust in the identical. It our ancestors well understood, and not casually religious contradictions were the sharpest and irreconcilable during that epoch when the religious ideology occupied dominating position in ideological sphere of a society. However, today the subject "public", socially (politically) significant belief has changed. The modern society is focused on «secular gods», what grow out of a social consensus. As those conventional values of legal ideology also act.

Concerning the state as religious-magic function of legal ideology function sakralizatsii the state institutes and the government acts. This function remained in the inheritance of legal ideology from ideology religious. Here it is necessary to underline, what even the modern legal ideology for a government explanation uses appeals to the supernatural. In the modern states is, as a rule, will of the people or the higher justice. The power always requires the higher authority which is provided with a source of the supernatural plan. Necessity sakralizatsii the government and official bodies exists and today, however in system of legal ideology where the power, more likely, is considered as a standard anonymous phenomenon - a certain order, «dispozi - tiv the authorities», sakralizatsija is shown to a minimum [230 [231]. However and today we see, that by means of ideology representation about the power as about having supernatural bases, about process vlastvovanija (especially about lawmaking and about legal proceedings) as about sacrament and religious rite is created. It is expressed as well in the special relation to government symbols, as to sacral. For the disrespectful relation to these symbols and today legal responsibility is frequently provided. Thus, despite the general tendency desakralizatsii a modern society, function sakralizatsii the government and imperious institutes for modern legal ideology is actual.

Proceeding from the above-stated, it is necessary to draw certain conclusions and generalisations.

1. It makes sense to speak about the religious-magic nature of legal ideology in spite of the fact that the magic and religion as cultural phenomena can be divided. Statement of a question on the religious-magic nature makes sense whereas long time in ideological sphere of traditional societies the ideology of the religious type based on closely connected and sometimes indiscernible religious and magic representations dominated. On only one magic representations and ideas it is impossible to create uniform harmonous ideology of a political society, the religious system is for this purpose necessary. But even magic representations inevitably are present at religions (religious systems).

2. Both religious, and magic representations make essential impact on the maintenance, mechanisms and functioning of legal ideology.

3. Statement of a question on the aesthetic nature of legal ideology is pertinent also. Specific aesthetic functions it to allocate it is not meaningful, and here in an ideological number of the maintenance of legal ideology and the mechanism of its functioning aesthetic representations are very well expressed. The aesthetic consciousness most is narrowly connected with religious consciousness and magic representations as throughout many centuries religioznomagicheskie and aesthetic representations underlay ideology of the states (so, it is difficult to overestimate the aesthetic nature of the mechanism any and, including, legal ideology). In religious-magic and aesthetic representations there is a root of any ideology.

4. It is necessary to allocate such natural functions, that is the functions caused by the religious-magic nature of legal ideology, as function sakralizatsii and ritualizatsii the rights (concerning the right); function of spiritual adaptation of the person (concerning the person); formations of a supernatural welfare area or the standard discourse which is based on the bases of belief in supernatural, let even «secular belief», for example, democracy in its book statement also the phenomenon supernatural (concerning politically organised society here, more likely, it it is possible to prefer «the iron law of oligarchy» Robert Mihelsa); function sakralizatsii the state imperious institutes and sakralizatsii the government (concerning the state - machinery of state).

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A source: Klimenko Alexey Ivanovich. IS FUNCTIONAL-STRUCTURAL CHARACTERISTICS LEGAL IDEOLOGY. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Moscow - 2016. 2016

More on topic § 2.3. The religious-magic and aesthetic bases Legal ideology:

  1. § 1.4. Legal ideology as the special form of ideology Modern society
  2. Chapter 2. THE NATURE OF LEGAL IDEOLOGY
  3. the Positions characterising bases of offered ideology SPPR and a role in it GEE
  4. § 5.1. Legal values, ideas and kontsepty as the interconnected elements of the maintenance of legal ideology
  5. § 5.2. Mifologizirovannye legal concepts and theories (legal myths) as elements of the maintenance of legal ideology
  6. Chapter 1. Theoretical bases of pedagogical maintenance of aesthetic education of children of average school age in nonlearning activity of educational institution
  7. § 2. Responsibility for hindrance of activity of the religious organisations or to carrying out of religious practices
  8. § 4.1. Structural dualism of legal ideology
  9. § 3.2. Dysfunctions of legal ideology and their reason
  10. § 2.2. The Social and economic nature of legal ideology
  11. Chapter 4. STRUCTURAL LEVELS OF LEGAL IDEOLOGY
  12. § 4.3. Structure of the maintenance of legal ideology
  13. Chapter 5. ELEMENTS OF THE MAINTENANCE OF LEGAL IDEOLOGY
  14. § 4.4. Structure of the mechanism of legal ideology
  15. § 1.2. Variety of approaches to understanding of legal ideology
  16. § 2.4. The moral nature of legal ideology
  17. § 3.3. The basic functions of modern legal ideology