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Comparative Law in the system of jurisprudence
 
PIIS102694520018861-8-1
DOI10.31857/S102694520018861-8
Publication type Article
Status Published
Authors
Vladik S. Nersesyants 
Affiliation: Russian Academy of Sciences
Address: Russian Federation
Journal nameGosudarstvo i pravo
EditionIssue 2
Pages162-174
Abstract

The article analyzes the general theoretical foundations of comparative law, characterizes the object, subject and methodology of this scientific discipline, as well as its structure, covering the general and special parts. The author shows the theoretical and methodological significance of philosophical-law research in the field of law understanding for the development of a comparative law theoretical concept and for a logically correct comparison of national law systems as different forms of manifestation of the same law essence. From this point of view there are analyzed three main types of law understanding, which determine the paradigm, principle and semantic model of law and the state modern research: legal-positivist, jusnaturalist and libertarian-juridical. Particular attention is paid to the libertarian-juridical type of law understanding developed by the author, from the standpoint of which law is interpreted as a positive law, expressing the essential law principle of formal equality, which is revealed through the trinity of an equal measure of regulation, freedom and justice. This approach makes it possible to supplement the existing classification of national law systems, which currently relies primarily on criteria of a legal-technical and ideological nature, by distinction these systems according to the level of their law development.

Keywordscomparative law, type of law understanding, libertarian-juridical doctrine of law and state, the principle of formal equality, national law systems, classification, level of law development
AcknowledgmentThe article was published in the journal “State and Law” (2001), No. 6, pp. 5–15. Abstract and key words were compiled by Doctor of Law, Professor V.V. Lapaeva.
Publication date23.03.2022
Number of characters52064
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