Work

On the Traditions of Studying Legal Pluralism, Its Forms and Meaning (Part 1)

Year: 2023
Type: article
Abstract: The relevance of this work is due to the possibility of coexistence of various systems (subsystems) of law in society. Some social sciences, such as anthropology, sociology, are characterized by increased attention to these situations, their mostly positive assessment. Within the framework of jurisprudence, the multiplicity of legal systems (subsystems) causes an ambiguous attitude, but has practical significance. At the same time, the existing approaches to the problem need to be systematized. Methodology. Dialectics, comparative method, formal-logical method, system approach, analysis, synthesis were used. Results. Various traditions of studying the multiplicity of systems (subsystems) of law are presented, studied and classified. Taking into account the generalization of scientific views, conclusions are drawn regarding possible forms of pluralism of law, its significance for society, its social groups, individuals, as well as prospects for increasing or decreasing pluralism of law. Conclusion. It is concluded that the pluralism of law does not reflect all social and legal diversity, and is not only a positive or negative phenomenon. Certain specific forms of pluralism of law should be assessed as contradictory, but quite natural (inevitable, necessary) for a certain historical moment of the situation. On the one hand, they may arise as a temporary phenomenon during the formation or disintegration of a large society. On the other hand, stable societies, especially complex, multi-component ones, are also inherent on a limited scale. Within the framework of the State, some forms of pluralism of law may have a positive meaning, while others may play a negative role. This phenomenon also has an ambiguous meaning for social groups belonging to societies and individuals.
Language: English
Subfield: Law
Open Access status: bronze
OpenAlex ID: W4403389337
FWCI:
Cites: 1
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Related to: 10