Abstract
In order to answer a question fundamentally important for the philosophy of law and jurisprudence, and in order to understand the ramifications of the operation of law in society, it is necessary to study not only the external manifestations of the law (the behaviour of its actors and agents), but also the internal (or internalized) dimension of legal phenomena. It seems plausible that this internal dimension might be penetrated relatively easily through elucidating “legal consciousness” or legal awareness. In that event both empirical research findings and more general reflections on legal consciousness are relevant.1
The legislator, by despising public sentiment, imperceptibly turns it against himself.
Jeremy Bentham
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References
It should be noted that considerations on legal consciousness coincide to a fair extent with the subject matter of the KOL Research Group. According to Kutchinsky, “The term KOL stands for knowledge and opinion about law. It... applies to the whole area of knowledge and attitudes regarding legal phenomena (the law, crime, punishment, legal institutions and authorities, etc.)” But there are also activities involving essential problems of research and analysis of phenomena associated with knowledge of, and attitudes toward, the law which are not under the patronage of KOL. Hence, it would be methodologically improper to limit discussion to analysis of the activity of the Research Group KOL, without considering related studies. Berl Kutchinsky was the first Director of the KOL Research Group: the post is now held by Wolfgang Kaupen. See Kutchinsky in Podgorecki, et al.: Knowledge and Opinion about Law (Martin Robertson, London 1973).
M. Dobrowolska, B. Gruszczynska, A. Kojder, St. Naumova, H. Szaniawska-Maslanko, Legal Consciousness of Polish Society (Conference of Research Committee on Sociology of Law, Hungary 1976), pp. 1–8.
See N. Timasheff, Introduction to Law and Morality, by Petrazycki (ed. H. Baab) (Cambridge, Mass., 1955), pp. xxviii–xxix.
J. Cohen, R. Robson, A. Bates, Parental Authority (Rutgers U.P., 1958).
In 1963 research was conducted in Poland by the Public Opinion Poll Centre, parallel with American research: the findings are presented in Podgorecki, et al., 1973, loc. cit.
A. Podgorecki, Law and Society (Routledge & Kegan Paul, London 1974), pp. 93–103.
J. Tapp and L. Kohlberg, “Developing Senses of Law and Legal Justice,” Journal of Social Issues, Vol. 27 (1971).
A. Hetzler, “Sustaining Legitimacy” (Conference of Research Committee on Sociology of Law, Hungary 1976).
T.V. Torney, “Socialization of Attitudes towards the Legal System,” Journal of Social Issues, Vol. 27 (1971).
A. Podgorecki, loc. cit., 1974, p. 225.
Kaupen, in his interesting meta-analysis of Polish, Norwegian and West German data, points out that the element of deterrence has most supporters in Germany, whereas elements of re-education come to the fore in Poland and Norway.
J. van Houtte, “Survey Research on Crime, Criminal Law, and Criminal Justice in Belgium” (unpublished 1973).
U. Bundesson, “The General Sense of Justice: A Legal Doctrine” (Conference of the Research Committee on Sociology of Law, Hungary, 1976).
B. Kutchinsky, “Knowledge and Attitudes Regarding Law and Law-Breaking” (Washington Conference 1972).
Pyong-Choom Hahm, “The Decision Process in Korea” in G. Schubert and D. Danelski (eds.), Comparative Judicial Behaviour (Oxford U.P., New York 1969).
M. Fukushima, “Reception of Western Law and Japan’s Modernization” (Conference of the Research Committee on Sociology of Law, Tokyo, 1975).
L. Petrazycki, O dopelniających prądach kulturalnych i prawach rozwoju handlu [On the Complementary Cultural Currents and Laws of the Development of Trade] Warsaw 1936.
It should be noted that American and Greek research work while directed at different issues, does not directly confirm this generalized formulation.
J. Kwasniewski, “Positive Social Deviance” (Conference of Research Committee on Sociology of Law, Hungary, 1976), pp. 2–5.
Ibid.
L. Fuller, “Interaction and the Law,” Am. J. of Jurisprudence, Vol. 14 (1969).
M. Chiba, “Survey Research on Crime, Criminal Law and Criminal Justice in Japan” (unpublished 1973).
J. Kurczewski, “The Penal Attitudes and Behaviour of Professional Judges,” Polish Sociological Bulletin, Vol. 1 (1971).
S. Albrecht, M. de Fleur, L. Wagner, “Attitude-behaviour Relationship,” Pacific Sociological Review (April) 1972.
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© 1977 Martinus Nijhoff, The Hague, Netherlands
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Podgorecki, A. (1977). Legal Consciousness as a Research Problem. In: Blegvad, BM., Campbell, C.M., Schuyt, C.J. (eds) European Yearbook in Law and Sociology 1977. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-1195-7_6
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DOI: https://doi.org/10.1007/978-94-015-1195-7_6
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