
Comparative characteristics of the basic concepts of Eastern and Western legal cultures
Author(s) -
Yuliya Kulakova,
Violetta Gorokhova
Publication year - 2021
Publication title -
advances in law studies
Language(s) - English
Resource type - Journals
eISSN - 2500-428X
pISSN - 2409-5087
DOI - 10.29039/2409-5087-2020-8-4-16-20
Subject(s) - legal culture , ideology , law , political science , legal realism , phenomenon , state (computer science) , politics , sociology , legal research , epistemology , philosophy , mathematics , algorithm
This article is devoted to the analysis of the peculiarities of legal cultures of Eastern countries. The authors conclude that the understanding of legal traditions is impossible without taking into account the ideological traditions of these societies. For example, the qualitative difference between law, as the most important social regulator based on traditional religious grounds, and legal law, coming from political power, aimed at maintaining social and social order, shows the peculiarity of Eastern legal cultures, which consists in the fact that ordinary state law is a secondary conditional legal phenomenon, in relation to unconditional traditional and religious norms. Thus, it explains the lack of development and absence in the traditional legal culture of regulation of such basic legal concepts for modern Western legal culture as human rights and obligations, the idea of the rule of law, etc.