Legal internalisation and jurisprudential reception and process of acculturation Legal socialization

1 legal internalisation , jurisprudential reception , process of acculturation

1.1 legal necessity reception
1.2 legal veneration reception
1.3 imposed legal reception
1.4 legal transplantation
1.5 methodological , systematic reception

legal internalisation , jurisprudential reception , process of acculturation


laws observed consent of individuals concerned , moral change still depends on individual , not on passage of law. ~ eleanor roosevelt

internalisation (or internalization) in sociology , other social sciences process of acceptance of set of norms , values established people or groups influential individual through process of socialisation. john finley scott described internalisation metaphor in (i.e. idea, concept, action) moves outside mind or personality place inside of it. structure , happenings of society shapes 1 s inner self , can reversed.

the process of internalisation starts learning norms are, , individual goes through process of understanding why of value or why make sense, until accept norm own viewpoint. internalised norms said part of individual s personality , may exhibited 1 s moral actions. however, there can distinction between internal commitment norm , 1 exhibits externally.

through internalisation individuals accept set of norms , values established other individuals, groups, or society whole.

norm acceptance, norm confirmity , norm compliance can achieved coercion, acultuaration, or persuasion. commitment law can better achieved process of internalisation , legitimacy of law helpful in process.

according marju luts reception chiefly defined transfer of legal phenomenon of different legal culture, other area or other period of time new legal climate. awareness of recipient activity adoption of element of law is, in legal-cultural context, hitherto alien (or forgotten). matter further specified on basis of whether such awareness characteristic of whole recipient society or initiators of reception. awareness, voluntariness

the author(s): chantal kourilsky-augeven believe pre-eminence given transmission processes of values, norms , behavioural models should renounced in favour of definition of legal socialisation during childhood , adolescence, perspective of subject playing active part; law must considered fundamental part of culture subject belongs to; subject acquires common knowledge of dominant legal culture in society legal acculturation of subject  ; in parallel occurs acculturation subject concerning different objects of common legal culture. legal acculturation of subject occur transmission school (or other channels conveying of common culture), integrating historical experience assimilated national culture , fundamental concepts , values of national legal heritage (in particular regarding state, citizen, law or justice) while subject himself proceed acculturation of these concepts in light of codes of interpretation of reality acquired within close environment in order integrate them within own system of representations.

judith torney describes 3 processes of legal socialisation namely, accumulation process , identification process , role transfer process . in accumulation process, law learned range of various sources. in identification process , attitudes , values of significant adults absorbed in natural psychological process wherein tendency adopt beliefs whom 1 identifies , socially bonded makes impact. whereas in role transfer process immediate surroundings home or school 1 accepts rule making , implementing authority of seniors , imputes same , provides legitimacy law making and/or enforcing agencies police.

legal necessity reception

where there apparent need change of legal system in 1 culture , existing culture provides opportunity satisfy need

legal veneration reception

veneration reception 1 example occurs if alien norms, institutes or whole system adopted venerated position , prestige of cultural background.

imposed legal reception

if legal phenomenon imposed upon nation force on nation referred imposed legal reception, in few instances under conditions imposed reception may transform voluntary process , become genuine reception imposed legal phenomenon not considered genuine legal reception .

legal transplantation

is process whereby legal phenomenon transfers geographic area or culture people. situation norm of legal culture established in different legal climate enacting legislation regardless of original implementation background may interpreted mere transplantation of legal phenomenon. transplantation occurs legal theory taken geographical area. in case of imposed reception or voluntary reception, original transplantation may become true reception: of course not among group or nation carrier of transplantation among legal culture surrounding in new area. transformation of transplantation reception perhaps of greater significance in history of legal science in positive law.

methodological , systematic reception

in spread of legal doctrines , theories plays important role. quite clear spread of methods brings spread of conceptual , systematic basis. in regard, system not refers classification of legal material, internally consistent , systematic approach law.