LawState and Law

Legal nihilism

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

  1. Mass neglect of legal laws.
  2. Violation of legal requirements, carried out intentionally.
  3. The publication of legal documents that have a contradictory character.
  4. Recognition of expediency is beyond legality.
  5. Counteraction between executive and representative bodies.
  6. Ignoring the human rights.
  7. Nihilism, manifested at the theoretical level. For example, in the work of lawyers, in the scientific community.

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

Legal nihilism can also be divided into several levels:

  1. The highest "floor" of public life. For example, it can be theoretical doctrines and various ideologies.
  2. The level of mass consciousness. For example, these are different 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 combat this phenomenon, it is necessary to start with the fundamental things. In particular, it is:

  1. Various economic and social reforms.
  2. Correspondence of legal norms and interests of citizens.
  3. Raising respect for the judiciary. Changing the activities of the courts and, as a consequence, gaining the authority of justice.
  4. Improving the practical implementation of legal laws.
  5. The application of a different kind of theoretical work.

Let us consider in more detail why legal nihilism arises. Most often, the reasons are closely linked to distrust of power. A person can view laws as an order from government bodies. The source of such mistrust is often the impunity of officials, the errors of justice, the divergence of existing reality with legal documents. In addition, the phenomenon under consideration may arise due to imperfect laws, 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 both for an individual citizen and for society as a whole. It can develop slowly, gradually. In this case, nihilism is more stable. However, it can also be spontaneous.

Legal nihilism and legal idealism are closely related concepts. Often, from one phenomenon, the other can flow. Legal idealism is very typical with 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 overwhelming majority of cases, these expectations are not justified. Legal idealism can be used for selfish purposes. For example, a politician wants to raise his popularity and introduces laws that will certainly not be implemented 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.

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