Popova I.E. —
Reflection of the main legal archetypes in Russian folk tales
// Legal Studies. – 2024. – ¹ 12.
– P. 28 - 44.
DOI: 10.25136/2409-7136.2024.12.72489
URL: https://en.e-notabene.ru/lr/article_72489.html
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Abstract: The article is devoted to the description of the phenomenon of legal archetypes of order, property, power, personality and their reflection in Russian folk tales. The identification of these archetypes is to a certain extent conditional, since these elements of the collective unconscious are not given as an immediate empirical reality. Archetypes are dynamic phenomena that manifest themselves in the form of impulses. They give life to myths, religions, and philosophical concepts that affect entire nations. The archetypes of the collective unconscious have a significant impact on the process of legal socialization and constitute in their entirety a matrix of legal behavior. It is necessary to talk about the varying degrees of generalization of these archetypes. Each of them can be "fragmented" into several other archetypes, each of them intersects and is interconnected with the others. Nevertheless, all the listed legal archetypes meet their main characteristics: a) they represent a structural element of the collective unconscious, that is, their existence does not depend on the mental processes of a single individual; b) they do not lend themselves to direct empirical observation, but manifest themselves indirectly, expressed in myths and fairy tales; c) they are typical and repeatable; d) they are universal, manifested in plots that are very similar among peoples of different cultures. Nevertheless, all the listed legal archetypes meet their main characteristics: a) they represent a structural element of the collective unconscious, that is, their existence does not depend on the mental processes of a single individual; b) they do not lend themselves to direct empirical observation, but manifest themselves indirectly, expressed in myths and fairy tales; c) they are typical and repeatable; d) they are universal, manifested in plots that are very similar among peoples of different cultures.
Popova I. —
The phenomenon of the legal archetype of equivalence and its reflection in the Russian folk tales
// Legal Studies. – 2021. – ¹ 11.
– P. 1 - 14.
DOI: 10.25136/2409-7136.2021.11.36948
URL: https://en.e-notabene.ru/lr/article_36948.html
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Abstract: The object of this research is the ordinary legal consciousness in the Russian folk tales. The subject of this research is the phenomenon of legal archetype of equivalence in the Russian folk tales. The author analyzes the key approaches towards studying the legal archetype, and provides definition to this phenomenon. Analysis is conducted on the attributes and varieties of the legal archetype, legal aspects of social existence and ordinary legal consciousness reflected in the Russian folk tales. Special attention is given to the clear elements of manifestation of legal consciousness: knowledge, values, attitudes, and motives. The archetype of equivalence in the Russian folk tales is viewed through the prism of retribution, reward for service, help, and exchange. The conclusion is made on the existence of basic attributes of legal archetypes, such as generic nature, frequency, and universality. It is stated that the legal archetype of equivalence is reflected in the representations of personal or property retribution, reward for good conduct of actions, fair exchange of things, magic objects, and symbols. The article advances a thought that the legal archetype of equivalence is a universal archetype, which is reflected in not only the representations of justice, but also the norm and measure, wrongdoing, retribution, agreement, etc. This is why it has fundamental meaning for other legal archetypes.