CONVERGENCE AND COMPETITION OF LEGAL SYSTEMS OF THE MODERN WORLDстатья
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Статья опубликована в журнале из списка Web of Science и/или Scopus
Дата последнего поиска статьи во внешних источниках: 11 ноября 2019 г.
Аннотация:The article is a study that continues the content line aimed at studying the legal map of the modern world, and those trends that contribute to its evolution. The work is devoted to the convergence and competition of legal systems of the world as phenomena inherent in the legal reality of the present in the post-classical era. This article develops and supplements a previous study carried out by the authors on the topic "Comparative Law: Post-Classical Era". The urgency of studying the convergence of legal systems in its connection with the competition of legal systems is conditioned by the need to consider these trends of modern legal reality in their unity, which gives a new vision of the movement vectors of global legal matter that implements the predictive function of jurisprudence. The research methods were as follows: we based on a comparative legal method, which is based on a dialectical platform. We also used quite classical methods of scientific cognition in various combinations, including analysis, synthesis, induction, deduction, and others. We used a concrete historical approach to certain sections of social reality, to which the authors addressed as an empirical basis. In some cases, the authors have had to turn to synergetics, which facilitates the disclosure of legal systems in their self-development. Conclusions. Convergence and competition are two properties of legal systems of the world, manifested in different continents, countries, in different time epochs. Convergence is associated with the approach of legal systems of our time, while this approach is conditioned by general social and special legal factors. The competition of legal systems of the world is a clash (rivalry) between legal systems of the world and their elements, between which the subject of law enforcement makes its free choice. In modern conditions, the competition of legal systems leads to the spread of the legal tourism institution.