The Role of Customs and Collective Conciousness in the Formation of the Kyrgyz Customary Law

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The article examines the interrelation between traditions and collective legal consciousness in the formation of Kyrgyz customary law (adat). The purpose of the study is to identify the role of customs and collective consciousness in the creation and legitimization of legal norms. The methodological basis includes historical-legal, comparative-legal, and formal-logical approaches. The author argues that customs, consolidated in public consciousness, functioned as effective legal regulators long before the emergence of state institutions. Collective legal consciousness served as a key mechanism ensuring the recognition and enforcement of norms through public opinion, moral values, and social sanctions. Using examples from marriage and family institutions, decisions of biis, and community sanctions, the article reveals the significance of adat in maintaining public order. It concludes that Kyrgyz customary law represents a synthesis of traditional legal culture, collective consciousness, and principles of social justice. In modern conditions, it requires reassessment as an important element of national legal culture and a tool for strengthening civic legal awareness.

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Customary law, traditions, collective consciousness, legal awareness, legal culture, legitimacy, social justice

Короткий адрес: https://sciup.org/14133959

IDR: 14133959   |   УДК: 340.15:340.12   |   DOI: 10.33619/2414-2948/119/42