Target orientation of legal subsystems as a premise for scientific research
The article considers the general questions of goal setting in the study of the elements of legal reality. The clear opposition of ideological orientations in the law to the needs of the rational knowledge of legal reality will contribute to the efficiency of scientific research. Analysis of the real, not declared target orientation of legal subsystems should be the first stage of scientific research. Without a doubt the ideological, propaganda function of the law serves as one of the main functions of any legal system. Not surprisingly, the declarative part of the Constitution and codified acts of any country is directly aimed at the formation of beliefs of the population in the legal righteousness dominant in the state ideology. Indoctrination of the population is a need and priority for the system of legal knowledge. Indoctrination is also the backbone element of the formation of legal culture of the population in general and of the individual in particular. Personal development, professionalism can sometimes change the level of arguments qualitatively. Ideological legal treatment of the population is focused on the mass typical member of society and only in terms of the formation of beliefs on the household level. The problem appears when on the basis of, undoubtedly, correct, but declarative norms researchers try to develop complexes of legal subsystems, for example, subsystems of crime prevention, crime fighting or control. In such cases researchers seem to forget that legal regulation is oriented on a concrete result sometimes not coinciding with the aim of indoctrination fixed in declarative norms. The law is the will of the dominant group of people formalized in the legal norms, which is not necessarily understood by the population. Researchers must understand it in order not to slip into a pseudo-scientific demagoguery, an example of which is political correctness that theoretically is a consistent concept, but in practice it is realized only through an adequate majority of the population and harms people. In order to understand that not each of the penitentiary systems has the traditionally proclaimed task of rehabilitation and punishment of prisoners, it is necessary to consider the penal legal subsystems of the present and the past through their target orientation. The article considers the target orientation of the punishing, correctional, ideological, mobilization, rotation, and integrated penitentiary systems.
Keywords
penitentiary system, legal subsystem, objective, пенитенциарные системы, цель, правовая подсистемаAuthors
| Name | Organization | |
| Akhmedshin Ramil L. | Tomsk State University | raist@sibmail.com |
References
Target orientation of legal subsystems as a premise for scientific research | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2014. № 386. DOI: 10.17223/15617793/386/25