Open AccessGenesis and transformation of sources (forms) of law: dominants and legal and cultural foundations
Author(s) -
Marina Baranova,
Sergey Belyasov,
Arturas Valentonis,
Nadezhda Biyushkina,
Оlga Kuptsova
Publication year - 2021
Publication title -
laplage em revista
Language(s) - English
Resource type - Journals
ISSN - 2446-6220
DOI - 10.24115/s2446-6220202173a1368p.78-84
Subject(s) - dialectic , modernization theory , harmonization , context (archaeology) , law , sociology , balance (ability) , legal culture , political science , epistemology , geography , philosophy , aesthetics , archaeology , medicine , physical medicine and rehabilitation
The work aims to study the genesis and transformation of the sources (forms) of law in the aspect of identifying the main dominants of their development and socio-cultural foundations. The main research methods – dialectical, historical-political, formal-legal, comparative-legal. As a result of the conducted research, the following conclusions can be formulated. The sources (forms) of law are determined by the forms of the culture in which law exists, therefore, they reflect the features of the modified concept of the legal culture of society, which is based on the revival of several traditions, the active introduction of axiological innovations in the emerging post-industrial society in the context of the digitalization of public relations. The legal and cultural foundations of the sources (forms) of law determine the processes of their harmonization, the constant change of priorities in this area, and the search for a balance between traditional and modern forms of law. These processes are carried out based on several dominates, which should include two aspects: tradition and modernization.