The value of sources (forms) of law for the formation of a style of legal thinking

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The article analyzes the actual for the modern legal theory and practice question of the features of legal thinking, characteristic for the representatives of the Anglo-Saxon and Roman-German legal families. The differences of types of legal thinking considered as derivatives in relation to the sources of law leading to the mentioned legal family: law and legal precedent are revealed. Analyzing the dichotomy of types of legal thinking of lawyers of the Roman-German legal family and the common law family, the author also reveals its psychological aspect. The concept of legal thinking style as an open self-organizing and constantly updated system of intellectual strategies, techniques, skills and operations inherent to lawyers-representatives of a particular legal family due to its specific features, primarily the leading sources (forms) of law are also studied.

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Legal thinking, style of legal thinking, legal precedent, legal norm, legal system, legal family, anglo-saxon legal famil, roman-germanic legal family

Короткий адрес: https://sciup.org/147231407

IDR: 147231407   |   DOI: 10.14529/law180313

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