Transformation of the concept of legal system in the conditions of globalisation
The purpose of the study is to identify the main trends and factors influencing the development of the theoretical concept of the legal system and possible categories derived from it. The methodological basis of the research is represented by such scientific methods as dialectical, logical, historic...
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| Format: | Article |
| Language: | English |
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EDP Sciences
2021-01-01
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| Series: | SHS Web of Conferences |
| Subjects: | |
| Online Access: | https://www.shs-conferences.org/articles/shsconf/pdf/2021/29/shsconf_rudnltmrp2021_01004.pdf |
| _version_ | 1818572006526812160 |
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| author | Sofronova Svetlana Arkadievna Kozhina Elena Nikolaevna Kryukov Andrey Nikolaevich Kryukova Olga Yurievna Oleynik Dimitri |
| author_facet | Sofronova Svetlana Arkadievna Kozhina Elena Nikolaevna Kryukov Andrey Nikolaevich Kryukova Olga Yurievna Oleynik Dimitri |
| author_sort | Sofronova Svetlana Arkadievna |
| collection | DOAJ |
| description | The purpose of the study is to identify the main trends and factors influencing the development of the theoretical concept of the legal system and possible categories derived from it. The methodological basis of the research is represented by such scientific methods as dialectical, logical, historical, predictive, systemic analysis and content analysis. This made it possible, in view of achievement of the said objective, to analyse the works of Russian and foreign comparativists, both the founders of modern comparative jurisprudence and novice researchers, as well as the materials of scientific conferences on the problem under investigation. The result of the study was the conclusion that the complex nature of the category “legal system” makes it possible to form a holistic picture of legal reality. At the same time, the result of the research depends on the criterion laid as a basis for this concept. The paper also substantiates the fact that presently one may observe a tendency towards a comprehensive understanding of the legal system, towards rejection of the formational approach in favour of the socio-cultural one, with regard for a number of other internal and external factors affecting the formation and functioning of the legal system. The novelty of the study was the conclusion that the concept of the legal system, as well as the categories derived from it, so far represent the basic theoretical function in formulating hypotheses, setting goals and objectives of comparative legal research. At the same time, the authors note that a unified approach to comprehending the essence, typology and classification of legal systems is objectively not possible in the conditions of multiple legal cultures and traditions of legal consciousness, which, ultimately, should be assessed as a positive stimulus for further research. |
| first_indexed | 2024-12-14T18:51:41Z |
| format | Article |
| id | doaj.art-4461f98cb1fe4638ad47f1de97a4383f |
| institution | Directory Open Access Journal |
| issn | 2261-2424 |
| language | English |
| last_indexed | 2024-12-14T18:51:41Z |
| publishDate | 2021-01-01 |
| publisher | EDP Sciences |
| record_format | Article |
| series | SHS Web of Conferences |
| spelling | doaj.art-4461f98cb1fe4638ad47f1de97a4383f2022-12-21T22:51:13ZengEDP SciencesSHS Web of Conferences2261-24242021-01-011180100410.1051/shsconf/202111801004shsconf_rudnltmrp2021_01004Transformation of the concept of legal system in the conditions of globalisationSofronova Svetlana Arkadievna0Kozhina Elena Nikolaevna1Kryukov Andrey Nikolaevich2Kryukova Olga Yurievna3Oleynik Dimitri4Vologda Institute of Law and Economics Federal Penitentiary Service of Russia, Faculty of LawVologda Institute of Law and Economics Federal Penitentiary Service of Russia, Faculty of LawVologda Institute of Law and Economics Federal Penitentiary Service of Russia, Faculty of LawVologda Institute of Law and Economics Federal Penitentiary Service of Russia, Executive research departmentUniversity of Wismar – University of Applied Sciences: Technology, Business and Design, Department of Economic SciencesThe purpose of the study is to identify the main trends and factors influencing the development of the theoretical concept of the legal system and possible categories derived from it. The methodological basis of the research is represented by such scientific methods as dialectical, logical, historical, predictive, systemic analysis and content analysis. This made it possible, in view of achievement of the said objective, to analyse the works of Russian and foreign comparativists, both the founders of modern comparative jurisprudence and novice researchers, as well as the materials of scientific conferences on the problem under investigation. The result of the study was the conclusion that the complex nature of the category “legal system” makes it possible to form a holistic picture of legal reality. At the same time, the result of the research depends on the criterion laid as a basis for this concept. The paper also substantiates the fact that presently one may observe a tendency towards a comprehensive understanding of the legal system, towards rejection of the formational approach in favour of the socio-cultural one, with regard for a number of other internal and external factors affecting the formation and functioning of the legal system. The novelty of the study was the conclusion that the concept of the legal system, as well as the categories derived from it, so far represent the basic theoretical function in formulating hypotheses, setting goals and objectives of comparative legal research. At the same time, the authors note that a unified approach to comprehending the essence, typology and classification of legal systems is objectively not possible in the conditions of multiple legal cultures and traditions of legal consciousness, which, ultimately, should be assessed as a positive stimulus for further research.https://www.shs-conferences.org/articles/shsconf/pdf/2021/29/shsconf_rudnltmrp2021_01004.pdfcomparative lawlegal systemlegal globalisationlegal glocalisation |
| spellingShingle | Sofronova Svetlana Arkadievna Kozhina Elena Nikolaevna Kryukov Andrey Nikolaevich Kryukova Olga Yurievna Oleynik Dimitri Transformation of the concept of legal system in the conditions of globalisation SHS Web of Conferences comparative law legal system legal globalisation legal glocalisation |
| title | Transformation of the concept of legal system in the conditions of globalisation |
| title_full | Transformation of the concept of legal system in the conditions of globalisation |
| title_fullStr | Transformation of the concept of legal system in the conditions of globalisation |
| title_full_unstemmed | Transformation of the concept of legal system in the conditions of globalisation |
| title_short | Transformation of the concept of legal system in the conditions of globalisation |
| title_sort | transformation of the concept of legal system in the conditions of globalisation |
| topic | comparative law legal system legal globalisation legal glocalisation |
| url | https://www.shs-conferences.org/articles/shsconf/pdf/2021/29/shsconf_rudnltmrp2021_01004.pdf |
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