| Literature DB >> 32408583 |
Victoria Molotova1, Alexander Molotov2, Dmitry Kashirsky3,4, Natalia Sabelnikova5.
Abstract
The results of the development and preliminary assessment of the psychometric properties of the questionnaire of legal consciousness of a person are presented. Theoretical justification is given for the structure of the questionnaire containing six subscales. One scale relates to the individual's awareness of constitutional rights and freedoms, enshrined in the Universal Declaration of Human Rights and the Constitution of the Russian Federation (personal, economic, political, cultural and social rights). The other five scales relate to the importance of constitutional rights and freedoms for the subject. The content validity of the tool was confirmed by expert assessments of professional lawyers-specialists in constitutional law-and the results obtained with semi-structured interviews (n = 30). The construct validity of the tool was established using exploratory factor analysis and tested by confirmatory factor analysis for student sample (n = 100). Cronbach's alpha indicated high degree of internal consistency of the subscales. Currently, we continue improving the psychometric characteristics of the measure. The questionnaire obtained as a result of this work can be used to assess the level of a person's legal consciousness development, and in particular, during the professional personnel selection for the state and civil service. The results of large-scale studies carried out with the help of this tool can be implemented in the activities of public authorities in order to improve the legislative process, taken into account by public organizations and authorities involved in the spread of legal education and legal culture in the framework of state policy on the development of legal consciousness and legal culture.Entities:
Keywords: construct validity; degree of significance of rights and freedoms; factor structure; internal consistency; legal awareness; legal consciousness questionnaire (LCQ)
Year: 2020 PMID: 32408583 PMCID: PMC7288189 DOI: 10.3390/bs10050089
Source DB: PubMed Journal: Behav Sci (Basel) ISSN: 2076-328X
Interview structure *.
| No. | Reference of Questions | Examples of the Interview Questions | Generalization and Categorization Results |
|---|---|---|---|
| 1. | Introductory questions that allow you to establish contact with the subject, form an atmosphere of trust, get general information about the person, area of interest, social activity, citizenship position | “Do you like the city you live in?”, “Is an individual able to influence the development of comfort in one’s city/country in your opinion?”, “Who is more responsible for the quality-of-life in society, citizens or authorities?”, “Do you take part in public life/political life?”, “Have you had to study law?”, “Have you ever had to defend your violated rights?” | There has been determined a general concept of the respondent’s personality, his or her willingness to participate in an interview, assessment of emotional involvement in the conversation, interest in the topic of conversation, interest in social and political institutions, his or her own role and position in social interaction, as well as one’s general level of cultural development. |
| 2. | Questions aimed at clarifying the semantic content for the subject of the concepts of “law” and “legal act”, understanding the functions of law, the proportionality of law with other regulators of social relations (morality, religion, etc.) | “How do you think the concept of law and the concept of legal act are related?”, “How does the legal act differ from law?”, “What are the main functions of law/legal act?”, “How do legal norms differ from moral/ethical/religious ones?“ “Can the legal and moral norms coincide in their content?”, “Does the law affect the formation of moral norms?”, “Do moral norms influence the formation of legal ones?”, “Does the law affect the development of society?”, “Does society affect the development of law?”, “Does law alter with a change in social relations?” | There has been made an assessment of the general level of a respondent’s cultural development in the field of legal relations, the degree of knowledge of the proposed concepts, the ability to reason, generalize, compare. The level of legal comprehension has been assessed as well. |
| 3. | Questions reflecting the respondent’s awareness of the basic principles of the state structure, its legal system, the legal status of an individual, fundamental rights and guarantees enshrined in the International Acts (personal, political, social, economic, cultural rights and freedoms, etc.) | “Have you ever heard of the principle of separation of powers?”, “How do you understand what a representative government body is?”, “What are the known to you forms of government/political structure/territorial structure/economic regime?”, “What human rights and freedoms are known to you?”, “Please name the main categories of rights,” “How do you understand the content of these categories of rights?” | There has been made an assessment of the level of theoretical generalizations that the respondent demonstrates during the interview, a literal or abstract concept of the categories proposed for comprehension, an assessment of the respondent’s general awareness of the concepts being discussed, as well as the semantic content of the concepts and categories under consideration. |
| 4. | The questions directed on determining the significance for the interviewee of the basic guaranteed rights and freedoms (personal, political, economic, social, cultural), satisfaction with these rights, willingness to refuse or proportionately restrict certain rights and freedoms, determining the level of more significant and less significant rights and freedoms. | “What are the most important rights and guarantees out of the list we have just discussed?”“What are the most significant and least significant rights for you, justify your position”. In addition, respondents were given a list of existing human rights with a request to evaluate and comment on them, to express a judgment on how necessary and significant this norm is in society and for him or her personally; specify what values are protected by this legal norm, whether this category of rights and freedoms can be deprived, or limited. | There has been revealed the attitude of respondents to different categories of human rights, depending on those social values that are “protected” by a particular category of rights, namely personal, political, economic, social, cultural ones. The results of processing and analysis of this part of the interview made it possible to single out a criterion for the significance of rights and freedoms for the respondent—the willingness to refuse guaranteed rights and freedoms, the willingness to proportionally limit guaranteed rights and freedoms in favor of more significant ones. |
| 5. | Questions reflecting overall emotional assessment of law as a sociocultural phenomenon, a personal assessment of the effectiveness of existing norms, an assessment from the standpoint of justice. | “Do you think that the provisions on human rights are mainly respected?”, “Do you think the laws are fair?” “Give an example of social relations in which human rights are not respected”, “Give an example of an unfair law”, “Is law needed in a highly developed society, in your opinion?” | There have been revealed the differences in the emotional assessment of law as a sociocultural phenomenon, i.e., negative, neutral, or positive attitudes of the respondents. |
| 6. | Questions aimed at determining the degree of readiness of the respondents to commit illegal acts, identifying attitudes towards offenders, as well as their own unlawful behavior. | “Is it always necessary to comply with the law?”, “Give an example when it is possible to violate a legal norm”, “Is it possible to violate a legal norm if there is no punishment for its violation?”, “Have you ever broken the law?”, “What crime do you consider the most serious and unacceptable? Do you consider it fair if such a crime is committed? What punishment do you believe is fair/appropriate if such a crime is committed?” “In what case would you most likely to commit such a crime? | There have been identified and generalized situations when the respondents expressed their willingness to commit an offense.The difference has also been revealed in relation to persons committing offenses and their own illegal behavior in similar situations. |
* It is worth noting that the interview procedure and assessment of its results deserve a separate publication, therefore, only a general scheme of its implementation is presented in the framework of this article.
An example of an algorithm of designing of the questionnaire items.
| Interview Questions | Interview Example | Items (Statements) of the Questionnaire |
|---|---|---|
| The respondent is asked to name the human rights that are known to him or her. | I am well aware of my personal rights; |
Total Variance Explained.
| Factor | Eigenvalues | Percent of Variance | Cumulative Percent |
|---|---|---|---|
| 1 | 14,560 | 25,999 | 25,999 |
| 2 | 5842 | 10,433 | 36,432 |
| 3 | 4894 | 8739 | 45,171 |
| 4 | 3707 | 6619 | 51,790 |
| 5 | 2848 | 5085 | 56,875 |
| 6 | 2736 | 4886 | 61,761 |
Factor loadings (Varimax rotation, Principal component).
| Item in the Initial Version of the Instrument | Item in the Final Version of the Instrument | Subscale | Factor | |||||
|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||
| 1 | 1 | Awareness of Rights and Freedoms (1) |
| 0.167 | 0.109 | −0.042 | −0.05 | 0.209 |
| 2 | 2 |
| 0.321 | −0.002 | 0.106 | 0.065 | −0.021 | |
| 3 | - | Personal Significance of Personal Rights and Freedoms (2) | item excluded | |||||
| 4 | 3 | −0.119 | −0.093 | 0.054 | −0.146 | −0.078 |
| |
| 5 | - | item excluded | ||||||
| 6 | 4 | 0.013 | 0.07 | 0.19 | −0.095 | 0.195 |
| |
| 7 | 5 | 0.105 | 0.019 | 0.076 | −0.149 | 0.092 |
| |
| 8, 9 | - | items excluded | ||||||
| 10 | 6 | −0.023 | 0.049 | −0.138 | 0.035 | 0.093 |
| |
| 11 | 7 | −0.012 | −0.002 | −0.036 | 0.218 | 0.128 |
| |
| 12, 13, 14, 15, 16 | - | items excluded | ||||||
| 17 | 8 | Awareness of Rights and Freedoms (1) |
| −0.142 | 0.054 | −0.178 | 0.15 | −0.051 |
| 18 | 9 |
| 0.02 | 0.223 | −0.084 | 0.093 | −0.074 | |
| 19 | - | Personal Significance of Economic Rights and Freedoms (3) | item excluded | |||||
| 20 | 10 | 0.136 | −0.146 | 0.071 | 0.136 |
| 0.052 | |
| 21 | 11 | 0.069 | −0.003 | 0.051 | 0.079 |
| 0.181 | |
| 22 | - | item excluded | ||||||
| 23 | 12 | −0.055 | 0.216 | 0.245 | −0.034 |
| −0.044 | |
| 24 | 13 | −0.006 | 0.104 | 0.155 | −0.110 |
| 0.187 | |
| 25 | 14 | 0.049 | 0.291 | 0.109 | 0.111 |
| 0.089 | |
| 26 | 15 | Awareness of Rights and Freedoms (1) |
| 0.095 | 0.342 | 0.051 | −0.08 | −0.083 |
| 27 | 16 |
| 0.253 | 0.40 | 0.050 | −0.008 | −0.074 | |
| 28 | - | Personal Significance of Political Rights and Freedoms (4) | item excluded | |||||
| 29 | 17 | 0.228 | 0.269 |
| 0.106 | 0.119 | −0.124 | |
| 30 | 18 | 0.167 | 0.227 |
| 0.077 | 0.221 | −0.057 | |
| 31 | 19 | 0.145 | 0.053 |
| 0.082 | 0.133 | 0.097 | |
| 32 | 20 | 0.118 | 0.092 |
| −0.078 | 0.191 | 0.155 | |
| 33 | 21 | 0.24 | 0.326 |
| −0.005 | 0.037 | 0.045 | |
| 34, 35 | - | items excluded | ||||||
| 36 | 22 | Awareness of Rights and Freedoms (1) |
| 0.510 | 0.086 | 0.015 | 0.082 | 0.039 |
| 37 | 23 |
| 0.580 | 0.219 | 0.17 | 0.179 | −0.041 | |
| 38, 39 | - | Personal Significance of Social Rights and Freedoms (5) | items excluded | |||||
| 40 | 24 | 0.228 |
| 0.139 | 0.088 | 0.217 | 0.020 | |
| 41 | 25 | 0.175 |
| 0.250 | −0.020 | 0.126 | −0.038 | |
| 42 | 26 | 0.265 |
| 0.213 | 0.112 | 0.080 | 0.044 | |
| 43 | 27 | 0.129 |
| 0.194 | 0.176 | −0.06 | 0.040 | |
| 44 | 28 | Awareness of Rights and Freedoms (1) |
| 0.207 | 0.078 | 0.254 | −0.065 | 0.017 |
| 45 | 29 |
| 0.299 | 0.004 | 0.370 | 0.110 | −0.009 | |
| 46 | - | Personal Significance of Cultural Rights and Freedoms (6) | item excluded | |||||
| 47 | 30 | 0.010 | −0.085 | −0.002 |
| 0.057 | −0.069 | |
| 48 | 31 | −0.037 | 0.058 | 0.089 |
| 0.254 | −0.159 | |
| 49, 50, 51, 52 | - | items excluded | ||||||
| 53 | 32 | 0.092 | 0.105 | 0.056 |
| 0.039 | 0.001 | |
| 54 | 33 | 0.066 | 0.104 | 0.088 |
| −0.108 | 0.047 | |
| 55 | 34 | 0.076 | 0.190 | −0.069 |
| −0.032 | 0.021 | |
| 56 | - | item excluded | ||||||
Note: The highest factor loadings for each item are in bold.
Figure 1A priori model of the questionnaire structure with 6 factors.
Figure 2A posteriori six-factor model of the survey.