Legal nihilism

Legal nihilism is a denial of legal law as a social value. It manifests itself in a negative attitude to the laws established by the order. Also, a nihilist may not believe in the possibility of law and in its favor for society. This phenomenon can manifest itself in different ways. The following examples of legal nihilism exist:

  1. Mass disregard for legal laws.
  2. Violation of legal requirements, performed intentionally.
  3. The publication of legal documents of a contradictory nature.
  4. Acknowledgment of expediency is above law.
  5. Counteraction between executive and representative bodies.
  6. Ignoring human rights.
  7. Theoretical nihilism. For example, in the works of lawyers, in the scientific community.

Passive legal nihilism is usually manifested in an indifferent attitude to legal laws. A person may underestimate their important social significance. Active legal nihilism is manifested in an aggressive attitude towards legal norms. In this case, a person may oppose the laws.

Legal nihilism can also be divided into several levels:

  1. The highest "floor" of public life. For example, these may be theoretical doctrines and various ideologies.
  2. The level of mass consciousness. For example, these are various stereotypes and negative prejudices.
  3. Departmental level. For example, legal norms contradict each other.

Legal nihilism arises with a certain negative state of society. To deal with this phenomenon, you need to start with fundamental things. In particular, these are:

  1. Various economic and social reforms.
  2. Compliance with legal standards and interests of citizens.
  3. Raising respect for the judiciary. Changing the activities of the courts and, as a result, gaining the authority of justice.
  4. Improving the practical implementation of legal laws.
  5. The application of various kinds of theoretical work.

Let us consider in more detail why legal nihilism arises. Most often, the reasons are closely related to distrust of the authorities. A person can consider laws as an order from state bodies. The sources of such mistrust often lie in the impunity of officials, errors of justice, the discrepancy between existing reality and legal documents. In addition, the phenomenon under consideration may arise due to the imperfection of laws, the inability of the authorities to cope with crime and protect citizens from arbitrariness. It is worth remembering that illegal actions can be committed by bodies responsible for the execution of legal documents.

Legal nihilism is characteristic of both an individual citizen and society as a whole. It can develop slowly, gradually. In this case, nihilism is more resistant. However, it can also be spontaneous.

Legal nihilism and legal idealism are closely related concepts. Often from one phenomenon another can flow. Legal idealism is very typical of rapid changes in society. This term refers to a reassessment of the possibilities of legal laws. Legal idealism is characteristic of an inexperienced official who believes that a good legislative framework can solve all existing problems. In the vast majority of cases, these expectations are not met. Legal idealism can also be used for personal gain. For example, a politician wants to increase his popularity and introduces laws that obviously will not be executed and will not lead to the necessary goals, but will create a certain euphoria in people. Such a measure can lead to legal nihilism in society.

Source: https://habr.com/ru/post/F20105/


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