THE DEVELOPMENT OF A LEGAL MENTALITY AS A FACTORIN IMPROVING HUMAN LEGAL PROTECTION

Authors

  • Tuleugali BURBAYEV

DOI:

https://doi.org/10.1063546/v7jd4g23

Keywords:

legal mentality, human rights, legal culture, legal values, Kazakh mentality, judicial system, paternalism, legal nihilism

Abstract

This article examines the current problems of the development of the legal
mentality and its impact on the protection of human rights. According to the author, many of
the proclaimed legal principles and values still remain good wishes if they are not rooted in
the mental world of people. In other words, the effectiveness of the implementation of the
idea of human rights and the observance of all its norms should be measured through the
prism of the development of a legal mentality.
The article also substantiates the idea of the importance and necessity of taking into
account the cultural and historical features of the country's development in the implementation
of human rights protection. Practice shows that international legal standards do not always
harmoniously fit into the fabric of national culture, they often come into conflict with local
traditions, ignoring the peculiarities of national culture.
The article examines the peculiarities of the development of the legal mentality of
Kazakhstanis. According to the author, in the mentality of Kazakhstanis, law has not
yet become an internal element of culture that determines human behavior. Law is still
perceived by many as something external or even alien to culture, and not as a basis
for regulating human behavior. The lack of a close connection between law and culture
indicates the weakness of the position of law in the legal mentality of Kazakhstanis. This is
essentially a manifestation of the consequences of the long existence of an authoritarian
regime, where people are accustomed to legal norms that are imposed from above, rather
than perceived as internal values.

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Published

2025-04-07

Issue

Section

Philosophy of law