| Article | Synergetic Bases of Comparative Jurisprudence |
|---|---|
| Authors | Mitskevych L. |
| Name of magazine | Scientific-practical professional journal «Comparative Law» (Ukrainian language) |
| Issue | 1-2 / 2013 |
| Pages | 249 - 254 |
| Annotation | Aims of author’s research was to apply the provisions of synergetics to study of legal systems (phenomena), to demonstrate the relation between a synergetic approach and comparative jurisprudence method. The main provisions of synergetics used by the author for justification of their application in comparative jurisprudence were: complex nature of legal systems (phenomena); nonlinearity, i.e. multivariance, alternativeness of ways of legal systems development (evolution); the idea of choosing alternative ways of development; the irreversibility of development process; the rates of evolution (development) idea. As the result of research author argues that comparative jurisprudence is in compliance with the synergetic view of the world as a complex nonlinear system: all legal systems (phenomena) are interconnected, no system exists in isolation, therefore, they should be assessed in comparison; practical significance of comparative jurisprudence rests on the resistance to the excessive unification, the promotion of harmonization and the preservation of national and local legal systems variety; comparative jurisprudence method can be considered broadly and can include various criteria for conducting law comparison; scientific discussions concerning different criteria for conducting law comparison should not be regarded as a competition of views but as a method of full complementary legal systems (phenomena) description as well as a basis for scientific tolerance; principle of irreversibility imposes restrictions upon the adoption of different historical legal forms and institutions; legal systems (phenomena) development is predetermined by their past and future, yet one can influence on such a development, since it is forming in accordance with the forthcoming order. |
| Keywords | comparative jurisprudence, comparative law, synergetics, complex legal systems. |
| References | |
| Electronic version | Download |