Legal Consciousness and Legal Culture: Foundations for Democratic
Renewal and Societal Development in Uzbekistan
Gulmira Tulenova and Dilbar Sagdullaeva
a
Tashkent University of Information Technologies, Tashkent, Uzbekistan
Keywords: Legal Consciousness, Legal Culture, Civic Engagement, Democratization.
Abstract: This article examines the relationship between legal consciousness and legal culture within the context of
Uzbekistan's contemporary socio-political landscape. As Uzbekistan undergoes a process of state
administration renewal, democratization, and modernization, the cultivation of legal culture among its
populace emerges as a critical imperative. Legal culture, encompassing political engagement, commitment to
democratic principles, and adherence to civic duties, stands as a cornerstone of a mature democratic society
and reflects the robustness of its legal framework. Employing philosophical and sociological methodologies,
this study delves into the nuanced dimensions of legal consciousness, transcending mere legal awareness to
encompass compliance, respect for justice, and the understanding of civic obligations. Furthermore, the article
explores the dynamic relationship between legal consciousness and societal development, underscoring its
pivotal role in advancing democratic governance, upholding the rule of law, and fostering social cohesion. It
also underscores the imperative of integrating legal consciousness and culture into state policy, particularly
within the framework of democratization initiatives. Through empirical analysis and theoretical frameworks,
this study contributes to a deeper scholarly understanding of legal consciousness and culture as fundamental
drivers of societal progress and democratic governance in Uzbekistan.
1 INTRODUCTION
At the current stage of renewal of state administration
and further democratization, modernization, and
reform in Uzbekistan, the demand and need for legal
culture among citizens are increasing. Legal culture
encompasses a person's political activity, desire for
democratic reforms, genuine civic attitude, and serves
as the foundation of a democratic society, indicating
the maturity of the legal system. It is a factor that
actively influences various societal processes,
facilitates the integration of citizens and social
groups, and ensures the integrity and stability of
society.
The process of establishing a legal state and a
democratic society depends not only on the political
activity, organization, and solidarity of the public but
also on the level of legal literacy and legal culture.
"Increasing the legal culture and legal consciousness
of the population," emphasizes I. Karimov, "raising
citizens in the spirit of obedience and respect for the
law is not only the goal but also the means, the most
a
https://orcid.org/0000-0003-0847-9901
important condition of building a truly democratic,
legal state and a free civil society based on a
developed market economy" (Karimov, 1997).
The task of modernizing and liberating our
country, democratic renewal of the political-legal and
economic system, requires raising people's outlook,
thinking, political-legal level, culture, and social
activity, further increasing the legal literacy of all
participants in legal relations, and improving their
legal culture (McAfee, 2011).
In the conditions of democratization of public life,
the formation of legal culture among citizens, and
improvement of means and methods of legal
education and legal upbringing are among the
priorities of state policy. The success of the
implementation of the tasks defined in
(Toshpulatovich, 2023; Szilágyi, 2022; Saliev, 2023)
about the New Uzbekistan development strategy in
2022-2026, on the one hand, creates the necessary
conditions for each member of society to acquire a
certain level of legal knowledge, and on the other
hand, it depends to a large extent on the socio-
296
Tulenova, G. and Sagdullaeva, D.
Legal Consciousness and Legal Culture: Foundations for Democratic Renewal and Societal Development in Uzbekistan.
DOI: 10.5220/0012840300003882
Paper published under CC license (CC BY-NC-ND 4.0)
In Proceedings of the 2nd Pamir Transboundary Conference for Sustainable Societies (PAMIR-2 2023), pages 296-302
ISBN: 978-989-758-723-8
Proceedings Copyright © 2024 by SCITEPRESS Science and Technology Publications, Lda.
practical study of the problems related to the
classification of legal education on a scientific basis,
taking into account the specific characteristics of
different social groups.
2 RESEARCH METHODOLOGY
The article relied on scientific methods of
philosophical thinking, such as comparison,
generalization, dialectic, systematic analysis,
analysis, and synthesis, induction, and deduction, as
well as sociological inquiry.
2.1 The Dialectic of Legal
Consciousness and Legal Culture
It is known that the level of legal consciousness is one
of the rights of people, not just awareness or
knowledge of laws. This is manifested, first of all, in
compliance with laws and readiness to fulfill them,
obedience to the law, and respect for law and justice.
Legal ideas and concepts are formed as a result of
education in the social environment, and they
encourage every citizen to understand their rights and
take into account their obligations, determining their
attitude towards them. Legal awareness, raised to the
level of legal culture, is expressed in the awareness of
the duties and responsibilities of every citizen to
others as defined by the law. Legal consciousness is
one of the forms of social consciousness and
manifests the derivative of objective needs required
by the development of social existence. In other
words, legal consciousness is one of the elements of
the cultural existence of society and forms its
epistemological basis. Legal consciousness is a
specific sub-system in the whole system of social
perception, and because it reflects the phenomena of
social life included in the framework of the legal
system and legal order, it shows the general aspects
of the spiritual sphere of society. Until now, different
interpretations have been given to the category of
legal consciousness in the scientific literature. In the
national encyclopedia of Uzbekistan, the category of
legal consciousness is interpreted as a form of social
consciousness that is reflected in the understanding of
existing legal relations and law, and the perception of
law and order by members of society. According to
E. Halilov, "legal consciousness means awareness of
law, it is the embodiment of imagination and feelings
that express people's attitude to the existing law and
the law they want" (Toshpulatovich, 2023;
Nugmanovna, 2023). In our opinion, legal
consciousness takes its essence and content not only
from legal norms but from the life of the whole
perfect real society that creates them. That is why it is
always influenced by philosophical, ideological, and
political views. The basis of the cultural existence of
society is, first of all, human needs and interests, in
particular, the legal need - its understanding, the
goals, plans, and creative activities to satisfy it, its
results, and its mastery, and stable relations between
them are the object of legal consciousness through the
improvement of legal life, ensuring that it goes. This,
in turn, grounds the legal continuity of the dialectical
unity between the elements of legal existence. Also,
in the view of legal consciousness as the attitude of
people only to the actual law, the range of material
and moral problems that determine its content in
advance is limited. The content and level of a person's
worldview, beliefs also affect the formation of legal
consciousness. This means that the elements of legal
consciousness can exist even when the norms of law
are not fully reflected in human consciousness. Even
a baby who does not yet know what rights are, knows
that his toy is only his own. This situation can be
explained by natural rights such as birth and life,
freedom and equality, and ownership of property
given to man by nature. Human rights and obligations
are the form of natural rights reinforced by positive
law in various normative documents. Therefore, legal
consciousness means, first of all, social and moral
understanding of the rights given to man by nature
(Tadzhikhanov, 1998). According to I. Ilin, the
knowledge of one's own value in the heart of a person
and the respect for one's identity arising from it is a
guarantee that one's actions are in accordance with the
goals and instructions of the law. The presence of free
will in a person's soul forces a person to appreciate
the right as a necessary form of spiritual life and to
follow its instructions. On this basis, legal
consciousness is formed in a person, that is, striving
for the law, its goal, voluntariness, and the ability to
legally justify one's actions with the understanding of
this goal (Karimov, 2010; Stevens, 2007; Zakirov,
1998). Also, the recognition of the mutual moral
value of people is the basis of the legal relationship.
The legal order cannot exist outside of these forms of
recognition because with its disappearance, any unity
and any solidarity, consensus will disappear.
Therefore, the level of legal consciousness is not
measured only by the arithmetical sum of legal
knowledge, but it is determined by the level of
personal pride, self-awareness, national
consciousness, and spirituality of a citizen.
Sociological studies indicate that as individuals
age, their interest in law also tends to increase. For
instance, when asked, "Do you know your rights and
Legal Consciousness and Legal Culture: Foundations for Democratic Renewal and Societal Development in Uzbekistan
297
responsibilities?", 20.3% of 14-19-year-olds, 21.3%
of 20-24-year-olds, and 22.5% of 25-29-year-olds
responded affirmatively. However, this trend cannot
be solely attributed to individuals' natural maturation
processes and their quest for social integration.
Instead, it is posited that individuals' socialization
processes, coupled with heightened self-awareness,
contribute significantly to their evolving legal
consciousness. Legal consciousness is construed as a
manifestation of individual cognition, societal ideals,
and a complex amalgamation of beliefs, imagination,
evaluations, emotions, and other spiritual
components pertaining to legality. Scholars such as E.
Halilov, Islamov, and Tadzhikhanov assert that legal
concepts, feelings, and volition constitute the
foundational elements of legal consciousness,
alongside legal mentality and legal ideology.
The subjective experiences individuals undergo in
their legal encounters are often expressed through
emotions with legal connotations. Legal mentality, as
distinct from mere emotional inclinations,
encompasses relatively stable components such as
customs and traditions. In contrast, legal ideology is
characterized by its theoretical and scientific
engagement with legal realities, reflecting societal
structures, relationships, and the methods of state
regulation. Legal ideology transcends empirical
realities to encompass both existing and potential
social relations, operating on a more comprehensive
level compared to legal mentality.
The debate surrounding legal consciousness
posits two contrasting perspectives: one emphasizing
the dominance of ideological influences and the other
emphasizing spiritual elements. Proponents of the
former argue that legal mentality is directly shaped by
legal ideology, wherein ideological education
significantly impacts individuals' perceptions and
responses to legal issues. Conversely, advocates of
the latter perspective highlight the pivotal role of
individuals' mental structures in shaping legal
frameworks and practices. The national psyche is
deemed crucial in determining the trajectory of legal
consciousness, thereby influencing the ongoing
efforts to enhance legal consciousness and culture in
Uzbekistan.
Notably, societal attitudes towards law often
reflect unique national characteristics, as evidenced
by surveys indicating a greater inclination towards
law-abidance over the active assertion of
constitutional rights. This tendency towards implicit
compliance underscores the significance of cultural
and societal norms in shaping legal behavior.
However, some segments of society exhibit
skepticism towards the efficacy of legal mechanisms,
preferring to rely on state intervention for dispute
resolution. These attitudes, characterized by a lack of
confidence in legal frameworks and an inclination
towards passivity, pose challenges to the cultivation
of a robust legal consciousness and culture.
In conclusion, the evolving legal consciousness
and culture in Uzbekistan are influenced by a myriad
of factors, including societal norms, ideological
frameworks, and individual attitudes towards law.
While there exists a latent potential for legal
development and democratic reforms, the realization
of these aspirations necessitates concerted efforts to
address skepticism, foster confidence in legal
institutions, and promote active civic engagement.
The legal consciousness and mentality of the
population lag behind the legal ideology promoted by
the state, and the legal ideas and principles typical of
the legal state differ sharply from the legal nihilism of
everyday consciousness. The reasons for such a
situation in legal consciousness are not limited to the
framework of the legal system but are determined by
economic, social, and other objective and subjective
factors. The national character of legal consciousness
is one of the objective factors.
Legal consciousness is manifested in the equality
of law and law for everyone, regardless of nationality,
religion, or belief in the life of society. People's
national units and religious units do not have the
opportunity to unite and organize on such a large
scale. In our opinion, legal consciousness consists of
views and beliefs that express people's relationship to
the law, their imagination, aspirations, and feelings
about the law. It is not only a passive reflection of
existing laws in the human mind but also a moral
basis that creates the need for the development of
legal norms and can unite members of society. On the
other hand, historical experience testifies that only a
nation with a high level of legal consciousness and
culture can be self-aware and work steadily towards
achieving its goals. In other words, legal
consciousness is a field of consciousness that reflects
legal reality in the form of legal knowledge and
assessment of law and its implementation, legal
behavior and values that regulate human behavior.
So, this definition shows that legal consciousness is
also an internal, personal regulating force of human
behavior.
The scope and boundaries of the content and
object of legal consciousness are formed under the
direct influence of the objectively derived needs and
interests of society, the various social groups that
make up it, and the changing objective conditions and
processes lead to its continuous development.
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Economic difficulties in society not only lead to a
wide spread of defects of legal consciousness but at
the same time cause legal activation of the citizen
whose behavior is oriented according to the goal.
According to the results of sociological surveys, "Do
you want to improve your legal literacy?" 53.4% of
those who gave a positive answer to the question -
incomplete secondary education, 53.3% - secondary
education, 61.1% - secondary special education,
51.8% - higher education.
In our opinion, legal consciousness is a reflection
of the development of the legal reality of society in
human thinking, a system of views that defines the
compliance of human behavior with the norms of law,
and a form of social consciousness that represents the
moral basis of the application of law to life.
It is known that legal consciousness, like other
areas of human consciousness, can go beyond the
possibilities of existing legal norms. This shows that
the legal mind is not a dry copy of the existing legal
norms in the human mind, but their ideological
source. Even though legal consciousness directly
gives the meaning of "legality" to individual
relations, in some cases, it also reveals problems that
are not in the existing legal norms. Demands to
protect human rights and freedoms, to realize them,
to cancel certain laws and create new ones, show that
legal consciousness has exceeded the standards of
existing law. At the same time, this kind of
"overtaking" is characteristic not only of the initial
stages of the creation of rights but also of the
development of society as a whole. The change of
legal consciousness creates new opportunities in the
development of law and legislation. This situation can
be seen in the example of the legal reforms being
carried out in Uzbekistan, which has chosen the path
of building a legal democratic state.
The role and importance of legal consciousness
are clearly visible, especially at the turning points of
history. In such periods, the level of legal culture of
citizens affects the life and development of society
both positively and negatively. As a result of citizens'
ignorance of the new laws adopted during the
transition period, and their inability to apply them
even if they are informed, it can be observed that their
rights are violated by officials in some cases. In order
to prevent these situations, it is important to develop
and adopt documents that establish new legal
mechanisms aimed at further strengthening the role of
state authorities, law enforcement structures,
including the prosecutor's office, to comply with legal
requirements and ensure the rule of law.
The success of the processes of democratization
of public life largely depends on the improvement of
legal consciousness and legal culture of citizens.
Because only a citizen with a high level of legal
literacy and legal culture can be a reliable support for
free economic, democratic, and spiritual changes.
That's why today the question of improving legal
culture, legal awareness, and knowledge of every
citizen, based on the needs of the time, is gaining
great importance.
Therefore, legal consciousness consists of views
and beliefs that express people's relationship to the
law, their ideas about the law, aspirations, and
feelings. A people and a nation that has grown in legal
consciousness, knowledge, and culture can build a
great future state by being self-aware, believing in its
own strength, and using all its possibilities in a
positive way. Legal consciousness, legal knowledge
encourages all citizens not only to solve today's
problems but also to think about the future.
Based on the age-old traditions, traditions,
language, religion, and spirit of our people, legal
culture serves to inculcate in our minds the feelings
of enlightenment and truth, such as honesty and faith,
justice and legality, high respect and attention to
people, and patience. Therefore, a legal culture that
directs people's thoughts and worldviews to work
selflessly for our independence is a vital necessity.
In our opinion, legal culture expresses the level of
legal consciousness, knowledge of law, and respect
for laws, includes the activities of law enforcement
that serve to ensure and strengthen legal order and
legality, and reflects the ideological and legal
situation of society at a certain historical stage.
Law can fulfill the role of a moral factor that
regulates social relations only when it is recognized
as a moral value and vital necessity, that is, when a
person determines the objective importance of its
norms and principles, not when it is understood by
thinking and verified by experience. After all, "as
long as the citizens do not have a conscious attitude
to the laws, they will not be implemented, and instead
of giving impetus to the development of society, they
will remain a mess. The active manifestation of a
conscious attitude to the laws consists of the sense of
claim developed in every citizen. The establishment
of a sense of interest in the law among citizens is the
basis for their legal activation - increasing the level of
their legal culture (Ismoil kizi, 2024).
Legal culture is formed and improved under the
influence of legal ideology, legal knowledge, legal
psyche, or social-spiritual, emotional-volitional side
(experiences, feelings, habits, trust, etc.) within legal
consciousness. At the same time, legal culture leads
to the formation and control of property, economic,
national, family, and other relations between citizens
Legal Consciousness and Legal Culture: Foundations for Democratic Renewal and Societal Development in Uzbekistan
299
and states, as well as the growth of people's legal
consciousness, literacy, and knowledge. Where legal
consciousness is not formed, there can be no talk of
legal culture (Zakirov, 1998).
Legal culture begins first of all with obedience to
the law, which is a manifestation of deep respect for
the law. These qualities are also indicators of a
positive legal consciousness, and they are determined
only if the citizen identifies it as a means of satisfying
his needs in the process of studying the legal entity,
getting to know it more deeply, making sure of its
fairness, comparing it with other legal systems.
Therefore, if legal consciousness includes not only
knowledge of legal norms but also a firm attitude
towards it, legal culture includes only relatively
progressive, socially useful, and valued phenomena
of legal existence. Also, legal culture does not allow
people to be confined only within their national
framework but also encourages them to solve
problems of universal importance in a legal way.
The understanding of law as a value goes back not
only to the state of the legal existence of the society
but also to the life program of the citizen, to the level
of his legal literacy, to the correct understanding and
observance of the instructions of the law. Therefore,
the development of legal consciousness in society is
the basis for the improvement of high legal culture. In
this sense, legal culture implies that a person fully
follows the law in his activities. Legal consciousness
is a sphere of pure consciousness, while legal culture
is a form of practical manifestation of legal
consciousness in socio-legal reality. However, legal
culture is not only the result of activity but also its
means; in this sense, moral legal culture is understood
as a way of thinking, norms, and standards of
behavior, and in relation to a person, it is expressed in
his mentality. Turning to legal culture allows us to
understand the mechanism of becoming a
phenomenon that can be studied objectively and
participates in the development of society.
There are two ways of understanding legal culture
in science. On the one hand, legal culture refers to a
set of legal phenomena. In this case, the legal culture
of any society includes law-making, legal
organizations, legal practice (activities of official
state bodies, legal behavior of citizens), legal
consciousness. On the other hand, legal culture is
manifested as a certain level of development of
individual, group, or social legal consciousness. It is
this understanding that is widespread, and legal
culture at the individual level is manifested in a deep
knowledge and understanding of the law, in the
implementation of its instructions on the basis of high
consciousness as a perceived necessity and inner
need. In this case, legal culture is both a product and
a quality indicator of purposeful activity based on the
legal consciousness of a person.
3 RESULTS
So, legal consciousness covers only the spiritual life
of society and is considered a part of social
consciousness, while legal culture has both a spiritual
description and covers the material part of law. The
legal culture of society consists of the following:
firstly, the system of legal norms - law; secondly,
legal relations, that is, from the system of social
relations regulated by law; thirdly, from state and
community institutions involved in providing legal
protection, i.e. legal institutions; fourthly, legal
consciousness, that is, from the system of educational
and educational work that ensures the absorption of
legal existence into human spirituality; fifth, from
legal actions.
The development of legal culture takes place on
the basis of comprehensive reform and improvement
of all its listed components. The historical
development of legal culture is made up of the legal
situation and the level of legal freedom.
As legal consciousness essentially consists of
knowledge of the applicable law and its evaluation, it
is a conflicting form of consciousness formed under
the influence of objective and subjective factors, and
it is not enough to establish a legal state. For this, it is
necessary for the legal consciousness to rise from the
set of ideas and opinions that express the attitude of a
person to the law both in practice and their own
desire, to the level of legal culture (being able to fully
use one's rights and freedoms within the framework
of the law and acting in accordance with it).
No matter how high a person's level of legal
literacy is, if he does not treat the law with respect,
does not follow it in his activities, does not follow its
instructions, it is impossible to achieve the rule of law
in society, that is, the celebration of democratic
principles. Surveys conducted among the population
show that a large number of respondents admit that
they do not commit crimes because they fear
punishment, not because they respect the law.
Therefore, our main task is not just to spread legal
knowledge, but to form the ability to follow the law
in every person from a young age as a conscious
necessity. Legal knowledge is the basis for a high
legal culture only if it is mastered on the basis of a
firmly formed positive life program, if it passes
through the scales of intelligence, faith, and honesty.
That is, the ability of a person to actively use acquired
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legal knowledge in his work, to comply with the
current legislation, and to cultivate the spirit of
respect for the law in him is a sign of legal culture.
4 CONCLUSION
Legal culture, as a relatively broad concept,
encompasses legal consciousness and depends on its
level, but it is not limited to the sum of legal
knowledge. A necessary factor for the formation of a
high legal culture is a person's understanding of law
as a necessary need for the existence of society, a
deep understanding of its essence, and seeing law
enforcement agencies as the defenders of their rights
and freedoms, treating the law with the level of faith
and always following it. The legal culture of a person
is individual views, assessments, reasons, legal
guidelines from the point of view of universally
recognized social values, which are the basis for legal
and socially active actions related to the
implementation of rights and obligations, the result of
educating legal consciousness with a specific goal, it
is the highest stage. So, legal consciousness and legal
culture are concepts that rely on each other, and their
level depends on a person's goals and beliefs. Legal
culture as a higher level of legal consciousness is also
a component of the general culture of a person. In this
sense, it includes all legal aspects and issues that
characterize society and man. The elements that make
up the legal culture of society are also the components
of several social and spiritual systems. The tasks of
legal consciousness, which reflect life from the point
of view of the rights and obligations of people
participating in social relations, rely on intelligence,
manners, and moral values, and legal culture, which
represents a higher level in terms of quality, is in
harmony with each other. Therefore, legal
consciousness and legal culture are in a dialectical
interrelationship, one of them has an ideological-legal
influence on the spiritual environment of society,
people on their life programs, and the other, as a
logical continuation of the first one, shows the
transformation of possibility into reality. A person
with a wide legal mind and knowledge can
differentiate between good and bad, theft and
righteousness, honesty and impurity. And the legal
culture educates him in the spirit of obedience to the
law, instills hatred in people's hearts towards those
who commit bribery and extortion, conspire with
criminal groups, deceive and kill others, and want to
own their property. Based on the above, it can be
concluded that: First, legal consciousness, which is a
component of social consciousness, has an impact on
the development of society and the development of
social life. Legal ideas, knowledge, and imagination,
legal theories penetrate into all aspects of social life,
occupy a place in the minds of citizens, and have an
ideological and spiritual impact on people's behavior
and practical activities. Legal consciousness
encourages people to manage themselves in a certain
way, to operate within the framework of laws and
regulations adopted by society; Secondly, legal
consciousness is an important component of legal
culture, which primarily consists of the views and
beliefs of people expressing their relationship to the
law, their perceptions of law and the law, and their
aspirations; Thirdly, there is an inherent dialectical
relationship between legal consciousness and legal
culture. Changes in legal consciousness are reflected
in legal culture. Improving legal awareness changes
the content of legal culture under certain
circumstances; Fourthly, legal culture helps every
person, citizen to know and protect their rights.
Acquiring legal knowledge and culture, strictly
following them in life, feeling the rule of law from the
heart and soul, gives a person great education and
upbringing, helps him to live and work safely and
peacefully in life. Legal knowledge and culture are
important indicators of the maturity of people and
nation; Fifthly, a people and a nation with a
developed legal culture become self-aware,
objectively evaluate their strength and capabilities,
and understand more deeply that acting based on
localism, groupism, clannishness, and familiarity is
the cause of the greatest social disasters and tragedies;
Sixth, the level of development of citizens' legal
awareness and knowledge is directly related to their
socio-legal activity. Active participation of members
of society in socio-political, economic, cultural-
spiritual spheres, in self-management bodies leads to
an increase in the level of legal consciousness and
culture. Legal culture is formed synergistically,
reflecting the level of the existence of society and the
stages of human civilizational development.
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