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Legal consciousness

Legal consciousness is a science topic covered in the lgStudy science library. This page brings together a partial reference excerpt, illustrations, worked examples, real-world applications and a short study plan, so you can understand Legal consciousness rather than just read about it. In short: Legal consciousness is legal awareness of ideas, views, feelings and traditions imbibed through legal socialization; which reflects as legal culture among given individual, or a group, or a given society at large. The legal consciousness evaluates the existing law and also bears in mind an image of the desired or ideal law.

Legal consciousness — main illustration
Legal consciousness — illustration

Key takeaways

  • Legal consciousness belongs to science; place it in that map before memorising details.
  • Learn the definition first, then one example that makes the definition concrete.
  • Connect Legal consciousness to a quantity you can measure, compute or draw — that is where exam questions come from.
  • Reproduce the core statement of Legal consciousness from memory before moving on to harder problems.

Reference excerpt

Legal consciousness is legal awareness of ideas, views, feelings and traditions imbibed through legal socialization; which reflects as legal culture among given individual, or a group, or a given society at large. The legal consciousness evaluates the existing law and also bears in mind an image of the desired or ideal law. Consciousness is not an individual trait nor solely ideational; legal consciousness is a type of social practice reflecting and forming social structures. The study of legal consciousness documents the forms of participation and interpretation through which act or sustain, reproduce, or amend the circulating contested or hegemonic structures of meanings concerning law. Legal consciousness is the way in which law is experienced and interpreted by specific individuals as they engage, avoid, resist or just assume the law and legal meanings. Legal consciousness is a state of being, legal socialisation is the process to Legal consciousness; where as legal awareness & legal mobilisation are means to achieve the same.

Definition Legal consciousness is defined by Ewick and Silbey as the process by which people make sense of their experiences by relying on legal categories and concepts. People do this even when they are not familiar with the details and minutia of law or the legal system. They explain that there are cultural schemas provided by law that people use to make sense of their experiences. They refer to this as legality. The concept of legality includes "the meanings, sources, authority and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends." These meanings and sources and different ways of knowing and understanding enable people to make sense of what happens to them and what that might mean in terms of their rights and options. This process of understanding legal experiences occurs within a larger ecosystem in which there are disputes over meaning and values. Seron and Munger explain that ""in addition, class may affect legal consciousness: Law may mean different things depending on an individual's location in the various hierarchies of status, prestige, and knowledge associated with membership in a social class.

History of legal consciousness

Legal consciousness narratives

legal consciousness narratives

Before the law With the law Against the law

See also Law Consciousness Natural law Legal positivism Legal awareness legal mobilisation legal socialisation Legal psychology

References

Worked examples

Example 1 — a first encounter with Legal consciousness

Start with the simplest possible case. Write down what Legal consciousness claims or describes in one sentence, then invent the smallest concrete situation in which that sentence is true. In science, the smallest case is usually a single object, a single equation or a single measurement. Check that every symbol or term in your sentence has a meaning in that case.

Example 2 — changing one variable

Take the situation from Example 1 and change exactly one quantity: double it, halve it, or set it to zero. Predict what should happen to Legal consciousness before you calculate. Comparing your prediction with the result is the fastest way to find out whether you understand the idea or only the words.

Example 3 — an exam-style question

Typical questions about Legal consciousness ask you to (a) state it precisely, (b) apply it to given data, and (c) explain a limitation. Practise writing all three answers in under five minutes; the third part is what separates a full-mark answer from an average one.

Applications of Legal consciousness

In research
Legal consciousness appears in science research whenever the underlying quantities have to be modelled precisely. Papers usually cite it as a starting assumption and then explore where it breaks down.
In technology and industry
Engineering practice reuses Legal consciousness in design rules, simulations and safety margins. Knowing the idea lets you read a specification sheet and understand why the numbers look the way they do.
In the classroom
Legal consciousness is common in secondary-school and first-year university syllabi. It links to neighbouring topics Consciousness, Sociology of law, so understanding it makes those chapters shorter.
In everyday life
Look for Legal consciousness outside the textbook — in sport, cooking, traffic, electronics or the sky above you. An example you found yourself is remembered far longer than one you were given.
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How to study Legal consciousness in 20 minutes

  1. Read the reference excerpt below once, without taking notes.
  2. Close the page and write down what Legal consciousness means in your own words.
  3. Compare your version with the excerpt and mark what you missed.
  4. Work through the three examples above with pen and paper.
  5. Explain Legal consciousness out loud to somebody else — or to Teacher Smith in the lgStudy chat.

Frequently asked questions

What is Legal consciousness in simple terms?

Legal consciousness is legal awareness of ideas, views, feelings and traditions imbibed through legal socialization; which reflects as legal culture among given individual, or a group, or a given society at large. The legal consciousness evaluates the existing law and also bears in mind an image of…

Why does Legal consciousness matter?

Because it connects several science ideas at once: it gives you a definition you can apply, a quantity you can calculate, and a way to check whether a result is plausible.

How should I study Legal consciousness?

Read the excerpt, restate it from memory, then work through the examples and applications listed on this page. The five-step study plan above takes about twenty minutes.

What does this page cover?

It gives you a compact reference excerpt plus original lgStudy explanations, examples, applications and study material on Legal consciousness.

Tags

  • Consciousness
  • Sociology of law

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