
Legitimation of Law by Aesthetic Means
Author(s) -
Ludmila I. Glukhareva,
Ludmila I. Glukhareva
Publication year - 2018
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18391
Subject(s) - legitimation , law , aesthetics , psychology , context (archaeology) , legal consciousness , consciousness , affection , sociology , social psychology , epistemology , political science , art , philosophy , history , politics , archaeology
The article deals with procedure of law legitimation made by esthetic means, including such field of art as painting. Law legitimation is deemed as justification, substantiation and approval of law. It is argued that esthetic legitimation of law is conceivable as the law being deemed as behavior regulator bears the external form. Esthetic valuations from the point of view of manifestation beauty or moral turpitude is applicable to any objects endued with physical form. Art can legitimate the law due to mechanisms of forming of «approving consciousness», as well as clearance (cathartic) function. It is affirmed in the article that the main mean of esthetic legitimation of law is word picture having some special qualities which are significant in the context of the problem under study. Some characteristics and qualities of word picture are listed in the article; such characteristics and qualities are illustrated by references to pictures and lithography of the best-known pointers. Psychologic process of law legitimation is provided by scheme accenting following steps of word picture inf luence on human unconscious mind, preconsciousness and consciousness: impression - affection of imagination - emotional experience - formation of emotion response. Such mechanism of delivery of artists’ views, ideas, attitudes, senses towards legal reality to viewers thanks to L. N. Tolstoy’s ability is termed «contagion». Some problems of esthetic legitimation of law are further indicated. In conclusion it is resolved that procedure of law legitimation by esthetic means counts mainly on emotion and sense component of human consciousness whilst other forms of legitimation ( for example, legal legitimation) primary activate cognitive and intellectual mechanisms.