Sociocultural Approach in Jurisprudence

Yu. B. Nadtochiy

1,2 a

, M. Kh. Duguzheva

and M. R. Karmova

Financial University under the Government of the Russian Federation, Moscow, Russia

Synergy University, Moscow, Russia

Keywords: Sociocultural approach; Jurisprudence; Legal culture; Law; Social relations; Personality in the sociocultural

approach.

Abstract: Attention to the issues of considering different spheres of society's life under the prism of a sociocultural

approach (in the context of understanding society as a unity of personality, culture and sociality) is increasing

every year. This approach is rightfully considered the most promising for the study of ongoing transformations

in modern social life. At the center of the study is a person and his qualities (for example, morality as one of

the components of culture). Attention to the application of the sociocultural approach in jurisprudence is also

increasing. It is recognized that jurisprudence (like legal sciences in general) belongs to the social sciences

(they study society, its structure, subjects, etc.). In this regard, such aspects of the studied topic as the

relationship of law with society, the legal culture of society and its propaganda, the rule of law, legal literacy

of a person, social interaction, social relations, etc. are of interest. Due to the fact that law is recognized as

one of the conditions not only the modernization and stabilization of the system of social relations, but also

the formation of the personality, its adaptation to the socio-cultural environment, the article focuses on such

an issue as the personality in the socio-cultural legal space.

1 INTRODUCTION

The sociocultural approach has a fairly long history

of formation, implies a holistic characteristic and is a

synthesis of the social and cultural in explaining

social phenomena. The researchers note that each

type of society corresponds to its own type of culture,

which is based on a certain worldview. The

sociocultural approach is characterized by a complex

and systemic vision of the world. Considering the

sociocultural approach, one cannot but refer to the

legacy of Pitirim Sorokin, who is considered the

founder of this approach and made a great

contribution to the formation of this approach along

with foreign colleagues (T. Parsons, R. Metron, L.

White, etc.).

P. Sorokin, describing personality, society and

culture as an inseparable trinity, points to these three

inseparable aspects in the structure of sociocultural

interaction (Fig. 1) (Sorokin, 2012).

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Figure 1: Aspects of sociocultural interaction according to

P. Sorokin. Source: (Sorokin, 2012).

Thus, P. Sorokin's structure of sociocultural

interaction includes four elements (Fig. 2) (Sorokin,

2012). The author describes in detail the components

of these elements.

Figure 2: The structure of sociocultural interaction

(according to P. Sorokin). Source: (Sorokin, 2012).

Nadtochiy, Y., Duguzheva, M. and Karmova, M.

Sociocultural Approach in Jurisprudence.

DOI: 10.5220/0010682500003169

In Proceedings of the International Scientiﬁc-Practical Conference "Ensuring the Stability and Security of Socio-Economic Systems: Overcoming the Threats of the Crisis Space" (SES 2021),

pages 49-53

ISBN: 978-989-758-546-3

As a result, we will adhere to the point of view of

P. Sorokin and consider the sociocultural approach as

a unity of society, personality and culture.

2 MATERIALS AND METHODS

Most of our compatriots adhere to this definition of

the sociocultural approach: understanding society as

a unity of culture and sociality, formed and

transformed by human activity (Lapin, 2000).

Law and society are interdisciplinary and since

the mid-1960s have been studied by many scientists,

representatives of various scientific fields (Levin,

1990, Schlegel, 1995, Garth and Sterling, 1998).

Akin Olawale Oluwadayisi believes that

economic and socio-cultural rights will be protected

only if management at all levels of the state is aimed

at achieving the goal of improving the economic,

legal and socio-cultural environment of society

(Oluwadayisi, 2014).

The famous American legal scholar, Carl

Nickerson Llewellyn, viewed law as a cultural craft,

while the French sociologist, ethnologist, philosopher

and political publicist Pierre Bourdieu presented law

as a cultural field.

N.I. Lapin defines the specificity of the

sociocultural approach, which consists in the fact that

this approach integrates three fundamental,

autonomous, but interrelated dimensions of human

existence (Fig. 3) (Lapin, 2000).

Figure 3: Three dimensions of human existence (according

to N.I. Lapin). Source: (Lapin, 2000).

N.I. Lapin singles out the principles of the

sociocultural approach, which make it possible to

comprehend in more detail the problems of

sociocultural transformation of modern society and

form an idea of society as an integral sociocultural

system (Table 1) (Lapin, 2000).

Table 1: Principles of the sociocultural approach.

Principle The meaning (content) of the

principle

The principle of

an active person

(the principle of

human

interaction)

It focuses on the

multidimensionality of a person

as a bio-socio-cultural being

and on the elements of the

personality structure as a

subject of actions, and the

subject's action itself is

understood as a component of

interaction with other subjects,

as meaningful for them and

performing certain functions in

relation to all subjects of

interactions

The principle of

the

interpenetration

of culture and

sociality

Confirms the presence of

culture and sociality in any

human community, their

constant interconnection and

mutual influence

The principle of

anthroposocial

correspondence

Means the compatibility of the

personal and behavioral

characteristics of this society as

a unity of culture and sociality

The principle of

sociocultural

balance

Means a dynamic balance

(balanced satisfaction of

conflicting needs, values,

interests of subjects of activity)

between cultural and social

components as a condition for

the stability of society

The principle of

symmetry and

reciprocity of

societal

processes

It means that an oppositely

directed process corresponds to

each process that embodies the

dynamics of society as an

integral system and has a

certain direction, and when the

process moves from one stage

to another, it can turn into its

opposite

The principle of

irreversibility of

the evolution of

the sociocultural

system as a

whole

It means that as the system

moves away from the

equilibrium point, the

symmetry of processes and

structures is violated, the

probability of separation and

transition to a new, irreversible

state of the system as a whole

increases

Source: (Lapin, 2000).

We also reviewed the works of foreign scholars

on this issue. Gautier A. presented scientific work

«Family law across cultures (comparative family law)

», which was devoted to comparative family law. In

search of the "spirit of each system" the author

examines the typology of family rights on the basis of

the wording in the documents of different countries

concerning the age of marriage, the number and sex

of spouses, the civil and economic rights granted to

spouses, the rights to protection against violence and

abuse (Gautier, 2020).

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Patrícia Branco and Valerio Nitrato Izzo also

presented their scholarly work «Intersections in Law,

Culture and the Humanities”, which notes the

growing interest in law as a cultural practice and a

source of cultural change that determines the

understanding and perception of the world. However,

the problematic issues that exist at the intersection of

law and culture in its individual forms and

manifestations remain on the periphery of socio-legal

research. As the analysis of the literature conducted

by the authors of the article showed, researchers are

attracted to such areas of intersection of law and

culture as the multiplicity and intersection of right

instructions in everyday life, synesthesia of existing

legal connections and relations (the law reveals itself

not only in legal documents, but also in the smell of

Amazon forests and the sounds of a lullaby, in

emotional behavior in court and rituals regulating this

behavior), material forms of existence of law (signs,

barriers, buildings, etc.), unconventional research

methods of non-traditional The authors describe the

relationship between law and culture in the words of

Roger Cotterell: law depends on culture, law

recognizes culture, law dominates culture, law as an

object of cultural competition, law as a projection of

culture, law as the guardian of culture. The authors

themselves examine the similarities between legal

and musical thinking, as well as the problem of the

right to eat, expanding the understanding of the

sociocultural context and aspects of the existence of

law (Branco and Izzo, 2017).

Let’s consider the application of the sociocultural

approach in jurisprudence. In this regard, let us turn

to such concepts as “legal society”, “legal culture”,

“legal literacy” (as the basis of legal culture, legal

awareness), “social relations” (in the context of

recognizing law as a regulator of social relations).

A legal society is understood as a union of citizens

and state power, based on legal law, binding on both

parties (dictionary, 2021). And the rule of law is an

intermediary between the individual and society. In

the Big Legal Dictionary, the rule of law is a

characteristic of the constitutional and legal status of

the state, which presupposes the unconditional

subordination of the state to the following principles:

popular sovereignty, inviolability of human rights

and freedoms by the state, the state is bound by the

constitutional system, the supremacy of the

constitution in relation to all other laws, separation of

powers and the institution of responsibility of power

as the organizational basis of the rule of law, the

independence of judges, the priority of the norms of

international law over the norms of the national (legal

dictionary, 2021). The same dictionary defines the

concept of "legal culture", which is defined as a

system of values, legal ideas, beliefs, skills and

stereotypes of behavior, legal traditions adopted by

members of a certain community (state, religious,

ethnic) and used to regulate their activities (legal

dictionary, 2021). Legal literacy is considered as a

general acquaintance with the legal foundations of the

state, types of law and norms regulating relations

between people on the basis of the law (Vishnyakova,

1999). Legal literacy characterizes the ability to see

the problem, determine its nature and take appropriate

measures in the legal field (Vasenina, Imaeva,

Makarova and Nikishova, 2018).

It is known that social relations arise in various

spheres of human life. And the legal regulator of these

relations is the law. Social relations are understood as

the relations between social subjects regarding their

equality and social justice in the distribution of the

benefits of life, the conditions for the formation and

development of the individual, the satisfaction of

material, social and spiritual needs (Dictionary of

business terms, 2021). The social component of the

approach in jurisprudence can also be determined

through the functions of law: social control,

regulatory, educational, protective, etc., which

presuppose certain rules for the behavior of subjects

of social relations. You can consider separately the

sociological approach to law, it is understood as a call

to the study of law in its relationship with society

(Antonov, 2011).

Thus, within the framework of the sociocultural

approach to jurisprudence, three interrelated elements

can also be identified (Fig. 4).

Figure 4: Sociocultural approach in jurisprudence. Source:

Compiled by the authors.

To implement the sociocultural approach in

jurisprudence (Figure 4) in accordance with the

presented interrelated elements, it is recommended to

implement the following blocks of actions

(activities):

 development of a system of legal propaganda

(aimed at improving the legal culture, legal literacy

and, accordingly, the level of legal consciousness of

people);

 ensuring and protecting the human and civil

rights and freedoms defined (guaranteed) in the

Constitution, which promotes further evolution of the

Sociocultural Approach in Jurisprudence

legal society (realization of the principle of the rule of

law);

 drawing a more detailed "portrait" of an

individual in the legal space, taking into account

modern conditions.

We can consider the interrelation of the elements

of socio-cultural approach presented in figure 4 on the

example of determining the necessary conditions for

the formation of legal society: humanization of

human relations, high level of people's legal

consciousness, etc. contribute to the successful

formation of legal society.

Within the framework of the study of the

implementation of the sociocultural approach in law,

studies of the legal literacy of Russians are of interest.

In particular, let us turn to the studies conducted in

2018 and 2020 by the Analytical Center “National

Agency for Financial Research (NAFI)” (Vasenina,

Imaeva, Makarova and Nikishova, 2018; NAFI,

2021).

3 RESULTS

According to the results of the 2018 study (1600

respondents were interviewed in 46 regions), the

value of the legal literacy index (a composite

indicator of the level of legal literacy of residents,

taking into account the whole variety of knowledge,

skills and attitudes in the field of protecting rights) of

Russians was 54 points on a scale from 0 to 100

possible. In 2020 (a sample of 1600 people in 50

regions), this index was 47 percentage points. out of

100 possible, which indicates the average level of

legal literacy of Russians [12].

The general conclusion made by the authors of the

conducted studies is that our compatriots

underestimate their real level of legal knowledge,

which indicates a lack of confidence in the available

knowledge (Fig. 5) (Vasenina, Imaeva, Makarova and

Nikishova, 2018; NAFI, 2021).

Figure 5: Distribution of answers to the question: «How

would you rate the level of your legal literacy, that is,

knowledge of your rights and how to protect them in

everyday life? (in% of all respondents)». Source: (NAFI,

2021).

Also, according to the research results, it was

noted that Russians spontaneously increase their legal

literacy.

4 DISCUSSION

Due to the fact that law is recognized as one of the

conditions not only for the modernization and

stabilization of the system of social relations, but also

for the formation of the personality (Rodionova,

Shvatchkina, Mogilevskaya, Bilovus and Ivashova,

2020) its adaptation to the socio-cultural

environment, the article focuses on such an issue as

the personality in the socio-cultural legal space. The

authors made an attempt to compose a "portrait" of

such a person, or rather to define his [portrait] main

constituent elements. And the content of these

elements (their addition, including) will be constantly

refined and will depend on the existing specific

conditions for the development of society in a certain

time period.

Personality in the sociocultural approach.

As noted above, the authors of the article adhere

to the position outlined by P. Sorokin in considering

the sociocultural approach as a unity of society,

personality and culture. Let us turn to such a

component of the approach as a personality. Let's try

to compose a "portrait" of a person in the socio-

cultural legal space (Fig. 6). It is proposed to

approach this issue as a debatable one, since the

“portrait” of a person in a sociocultural space will

depend on many factors, for example, on the sphere

within which the approach is considered, on the

content and understanding of the sociocultural space

itself (cultural environment, values, etc.) etc.

Figure 6: Personality in the socio-cultural legal space.

Source: Compiled by the authors.

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5 CONCLUSIONS

The ideas of the sociocultural approach should be

widely used in the spectrum of the study of legal

issues in the life of society.

It is believed that at present the use of the socio-

cultural approach in jurisprudence is not fully

implemented and this presents ample opportunities

for developing and filling the content of this approach

in this area. It is also worth noting that the filling of

the content of the sociocultural approach is influenced

by many factors, including changes in the social and

cultural life of society, which occur constantly and in

large volumes in connection with the lightning-fast

development and changes in modern life of people

(new technologies, new approaches, new living

conditions (for example, the transition to the online

format in the existing conditions of the coronavirus

pandemic), etc.).

In general, we can conclude that the sociocultural

approach considers the issues of the influence of

society on our legal system.

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Branco, P., Izzo, V. N., 2017. Intersections in Law, Culture

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Gautier, A., 2020. Family law across cultures (comparative

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Sociocultural Approach in Jurisprudence