Comparative research of legal institutions: methodological aspect and the problem of using foreign experience

Автор: Gruzdev Vladimir Sergeevich

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 8, 2020 года.

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The paper analyzes some significant aspects of the problem of using the comparative method in legal research, as well as attracting foreign experience as a source for expanding and deepening knowledge about the nature of problems in legal science and practice. The main thesis summarizing the results of the study is the need for a critical attitude to compared objects. It implies the analysis of a wide range of theoretical and methodological, socio-historical, cultural and other important points of relevant doctrinal and conceptual ideas in foreign experience. Such an approach makes it possible to avoid arbitrary interpretations and obvious distortions of legal issues. At the same time, it is necessary to take into account the ideological nature of Western legal science, which is closed in on itself, and various disciplinary and methodological bases for analyzing fundamental legal problems.

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Philosophy of law, theory of law, comparative method, legal pluralism, foreign legal literature, competition of legal ideas, american legal science, german legal science

Короткий адрес: https://sciup.org/149132594

IDR: 149132594   |   DOI: 10.24158/pep.2020.8.14

Статья научная