Some Factors Influencing Legal Continuity in the Age of Enlightenment

In this article, certain factors that influenced legal continuity during the Age of Enlightenment are discussed. The major processes of the period are analyzed, and the importance of legal traditions as the foundation of legal continuity is highlighted. A brief overview of the key approaches to unde...

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Main Author: A. R. Gubaidullin
Format: Article
Language:English
Published: Kazan Federal University 2024-09-01
Series:Ученые записки Казанского университета: Серия Гуманитарные науки
Subjects:
Online Access:https://uzakugu.elpub.ru/jour/article/view/152
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author A. R. Gubaidullin
author_facet A. R. Gubaidullin
author_sort A. R. Gubaidullin
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description In this article, certain factors that influenced legal continuity during the Age of Enlightenment are discussed. The major processes of the period are analyzed, and the importance of legal traditions as the foundation of legal continuity is highlighted. A brief overview of the key approaches to understanding legal traditions is given. Particular attention is paid to the regional divergences of the Age of Enlightenment, with a focus on its specifics in England and later Great Britain, the German and Italian states, France, Russia, and the USA. It was revealed that all factors can be divided into two groups. The first group includes general conditions, circumstances, and prerequisites, which can be further classified into natural and social ones. Natural factors are largely unaffected by the landscape of the period, while social factors are closely tied to society. The factors pertaining to the Age of Enlightenment are part of the latter group. They are of two types. The first type is not actually related to the legal reality of the period. The second type reflects the Enlightenment political and legal doctrines. Conclusions are drawn about the direct and indirect impacts of these factors on the historical processes. It is also demonstrated that the factors of legal continuity formed a unique combination in each studied society, with their influence apparent even after the Age of Enlightenment.
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spelling doaj.art-e8d24596282d4b5fba13d76e3b20c9b82025-01-27T11:38:39ZengKazan Federal UniversityУченые записки Казанского университета: Серия Гуманитарные науки2541-77382500-21712024-09-011663182910.26907/2541-7738.2024.3.18-2999Some Factors Influencing Legal Continuity in the Age of EnlightenmentA. R. Gubaidullin0Kazan Federal UniversityIn this article, certain factors that influenced legal continuity during the Age of Enlightenment are discussed. The major processes of the period are analyzed, and the importance of legal traditions as the foundation of legal continuity is highlighted. A brief overview of the key approaches to understanding legal traditions is given. Particular attention is paid to the regional divergences of the Age of Enlightenment, with a focus on its specifics in England and later Great Britain, the German and Italian states, France, Russia, and the USA. It was revealed that all factors can be divided into two groups. The first group includes general conditions, circumstances, and prerequisites, which can be further classified into natural and social ones. Natural factors are largely unaffected by the landscape of the period, while social factors are closely tied to society. The factors pertaining to the Age of Enlightenment are part of the latter group. They are of two types. The first type is not actually related to the legal reality of the period. The second type reflects the Enlightenment political and legal doctrines. Conclusions are drawn about the direct and indirect impacts of these factors on the historical processes. It is also demonstrated that the factors of legal continuity formed a unique combination in each studied society, with their influence apparent even after the Age of Enlightenment.https://uzakugu.elpub.ru/jour/article/view/152continuityfactorlegal traditionage of enlightenmentlegal thinkingphilosophy of lawlegal doctrinelegal consciousnessbourgeois revolutionlegal culture
spellingShingle A. R. Gubaidullin
Some Factors Influencing Legal Continuity in the Age of Enlightenment
Ученые записки Казанского университета: Серия Гуманитарные науки
continuity
factor
legal tradition
age of enlightenment
legal thinking
philosophy of law
legal doctrine
legal consciousness
bourgeois revolution
legal culture
title Some Factors Influencing Legal Continuity in the Age of Enlightenment
title_full Some Factors Influencing Legal Continuity in the Age of Enlightenment
title_fullStr Some Factors Influencing Legal Continuity in the Age of Enlightenment
title_full_unstemmed Some Factors Influencing Legal Continuity in the Age of Enlightenment
title_short Some Factors Influencing Legal Continuity in the Age of Enlightenment
title_sort some factors influencing legal continuity in the age of enlightenment
topic continuity
factor
legal tradition
age of enlightenment
legal thinking
philosophy of law
legal doctrine
legal consciousness
bourgeois revolution
legal culture
url https://uzakugu.elpub.ru/jour/article/view/152
work_keys_str_mv AT argubaidullin somefactorsinfluencinglegalcontinuityintheageofenlightenment