The Concept and Structure of Ordinary Sense of Justice

Abstract

Ordinary sense of justice, as the spiritual principle in the law, has a significant motivational impact on social relations, and legal behavior and is one of the leading factors in the development of legal activity of the person. The ordinary sense of justice is intended to ensure the personal, social well-being, stability, to prepare for the unfavorable external factors that contribute to goal-setting action and the ways to achieve it. Common sense reveals the relationship between things and phenomena on the basis of an explanation of the unknown through the known with the help of analogies, suggesting future developments. The formation of the ordinary sense of justice influences the choice of remedies, the effectiveness of different types of legal activities. Allocation of the structural elements in the sense of justice contributes to the understanding of its role and place in human life and society. The article appeals to several aspects concerning the formation of legal consciousness of ordinary citizens. These issues are related to the mechanism of formation of active legal position of the population. Scientific analysis of the ordinary sense of justice involves the study of the legal mentality of the society, without which it is difficult to understand the internal logic, stability, identity of the sense of justice and its typical socio-psychological response. This work is one of the first studies of theoretical issues of ordinary sense of justice manifestations in law. The author made an attempt to formulate methodological premise to consider the legal aspects of this category. The article reveals the legal content and relationship between rising of the ordinary sense of justice and the basic categories of law: law, legal system, rule of law, legal culture. It allows presenting a general theoretical model to raise ordinary sense of justice.

 DOI 10.14258/izvasu(2016)3-03