Вестник БГУ. Юриспруденция
Bibliographic description:
SOCIOCULTURAL ANALYSIS OF LAW // Вестник БГУ. Юриспруденция. - 2018. №1. . - С. 3-23.
Title:
SOCIOCULTURAL ANALYSIS OF LAW
Financing:
Codes:
UDK: 340
Annotation:
Efficient legal regulation in the field of civil legal relations call for, among sociologi- cal and practical aspects studies, appliance of sociocultural method, which reveals
«predisposition» of cultural type of society. Carrying out of any legal transformation should be implemented only with a clear understanding of sociocultural peculiarities of the national legal system. Failures or uncertainty with civilizational identity of Russia, for example, lead to negative consequences. The sociocultural method allows to de- termine the causes why many civil procedural institutions, made «on paper» or which are efficient in other countries, remain inactive on practice. In order to improve judi- cial instruments, the definitions of concepts as culture, civilization, attitude of mind is of agreat significance for legal science development. There are two sociocultural types in contemporary comparative legal studies. Notwithstanding globalization and rap- prochement of legal systems and cultures of the East and the West, there is a search of a happy middle ground in law between regulations based on individualism and collec- tivism. Legal culture as a part of sociocultural type of society, affects legislation via legal consciousness and legal practice. The sociocultural type of society is a back- ground of legal system development.
«predisposition» of cultural type of society. Carrying out of any legal transformation should be implemented only with a clear understanding of sociocultural peculiarities of the national legal system. Failures or uncertainty with civilizational identity of Russia, for example, lead to negative consequences. The sociocultural method allows to de- termine the causes why many civil procedural institutions, made «on paper» or which are efficient in other countries, remain inactive on practice. In order to improve judi- cial instruments, the definitions of concepts as culture, civilization, attitude of mind is of agreat significance for legal science development. There are two sociocultural types in contemporary comparative legal studies. Notwithstanding globalization and rap- prochement of legal systems and cultures of the East and the West, there is a search of a happy middle ground in law between regulations based on individualism and collec- tivism. Legal culture as a part of sociocultural type of society, affects legislation via legal consciousness and legal practice. The sociocultural type of society is a back- ground of legal system development.
Keywords:
law; society; legal system; legal regulation; legal culture; sociocultural method; cultural type; formational and civilizational approaches; collectivism and in- dividualism in law.
List of references:
Article.pdf