Law as the basis of relations between person and state
Lessons 1 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
1
Law as the firm basis of relations between person and state
Textbook: pp. 4–9
GoalExplain how the Constitution links person, society and state, and what legal consciousness and legal culture are.
New words
legal consciousness · huquqiy onglegal culture · huquqiy madaniyatConstitution · Konstitutsiyasovereignty · suverenitet
Explanation
The relationship between person and state runs both ways: a citizen obeys the law, and the state must recognise and protect the citizen’s rights. The basis of this mutual responsibility is the Constitution, often compared to a “social contract” on the common rules between the people, society and state power. The present Constitution, adopted in a nationwide referendum on 30 April 2023, defines Uzbekistan as a sovereign, democratic, legal, social and secular state and holds state bodies and officials accountable to the people. Legal consciousness is people’s knowledge of, opinions about and attitude to law; legal culture adds actually obeying the law. Someone who knows the law well but breaks it has a low legal culture, because knowledge does not turn into behaviour by itself. The foundation of legal culture is moral outlook: without a sense of justice and respect for others, law is only fear of punishment. Note: this course gives general legal literacy; in a real personal situation, consult a qualified lawyer or the state legal-aid service.
Worked examples
You go to school: you have the right to education and the state provides conditions for general secondary education; you ride public transport: payment and traffic rules apply to you too. In this way you enter into relations with the state and the law several times a day.
Diyor can list the traffic rules without difficulty, yet crosses on a red light when no police officer is around. Malika cannot recall article numbers but always follows the rules. Diyor has legal consciousness but low legal culture; Malika shows the higher practical legal culture.
Class activity
“Is knowledge enough?” debate: the class splits into two groups. One defends “a person who knows the law automatically has legal culture”, the other argues against (at least three arguments each). Finally the class builds a three-part formula: knowledge – attitude – behaviour.
Practice
1
What is the main difference between legal consciousness and legal culture?
Legal consciousness is knowledge of and attitude to law; legal culture adds actually obeying the law on top of that.
2
Why is the Constitution compared to a “social contract”?
Because it sets out the mutual rights and duties of the people, society and state power as common rules.
3
A person is very knowledgeable about law but evades paying taxes. What can be said about their legal culture?
They have legal consciousness but low legal culture: they do not act as the law requires.
4
Why are moral views considered the foundation of legal culture?
A person with a sense of justice and respect obeys law because they understand its meaning, not out of fear of punishment.