Open AccessState megatrends in the context of the composition of the forms of modern law
Author(s) -
Анна Гарашко,
Анна Гарашко
Publication year - 2018
Publication title -
advances in law studies
Language(s) - English
Resource type - Journals
eISSN - 2500-428X
pISSN - 2409-5087
DOI - 10.29039/article_5c0fc38d977006.32755965
Subject(s) - dialectic , citizenship , ethnic group , dominance (genetics) , autonomy , political science , state (computer science) , politics , context (archaeology) , law , geography , epistemology , mathematics , philosophy , archaeology , algorithm , biochemistry , chemistry , gene
The purpose of this article is to analyze the impact of the ratio of legal and non-legal (ethnic) forms of law on the specifics of the manifestation in the state of one of the two global trends of international relations – nationalization and supranationalization. The author comes to the following conclusion: legal law is a factor leading to the autonomy of the state, as it determines the monotonous behavior of all its citizens, regardless of their ethnicity, which actualizes the trend of identification of the individual, first of all, with the state, and then with national unity. Ethnic law, on the contrary, connects people on the basis of common national interests and ideas, regardless of citizenship (citizenship), which, ultimately, due to the dominance of ethnic characteristics over political and legal components, leads to the integration of States, optimization of nationally determined migration processes. The methodology used in this study is represented by induction, comparison, analysis, system, axiological and cultural methods of cognition. In addition, the author relied on the universal dialectical scientific method.