Year: 2025
Type: article
Abstract: . The article examines the legal system of the United States of America with the help of legal typologization criteria (which are the features of the institutional, functional and regulatory parts of the legal system) with the allocation of such cognitive constructs as «identification code of the legal system» and «indicator of the functioning and development of the legal system»; the author confirms its identification with the Anglo-American type (the legal system of the United States of America is a subtype of common law); reveals the state of its functioning, as well as trends and prospects for its solution. The tasks which made it possible to achieve the research objective were as follows: analysis of scientific sources, official documents, including sources of law; creation of an empirical basis for the application of such cognitive constructs as «identification code of the legal system» and «indicator of the functioning and development of the legal system»; identification of typical indicators, indicators of permissible deviations, and development prospects. These constructs made it possible to identify deformations and formulate ways to overcome them. In the course of the study, the author used sociological methodology, in particular, the method of document analysis. Thus, a significant number of official documents were analyzed: laws and other sources of law of the United States of America; scientific sources; and an empirical basis for the application of general theoretical and comparative legal methodology was created. The stability of typical indicators in the legal system of the United States of America is revealed. It is also established that the indicators of permissible deviations are also aimed at ensuring this stability, and this gives rise to the conclusion that the legal system of the United States of America may evolutionarily transition to a future new legal form.
Author: Iryna Nastasіak
Institution: Lviv University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409068308