Article title Legal Cultures and Judicial Mind Compared
Authors
Name of magazine Scientific-practical professional journal «Comparative Law»
(Ukrainian language)
Issue 1-2/2013
Сторінки [222-231]
Annotation Legal cultures in their individuality are the temporary outcome of interactions, conceptualisable in terms of the challenge-and-response paradigm. Their comparison offers a perspective by which one’s culture can be reflected by patterns of others. Within them, judicial process is the medium through which what the law stands for in society gets actualised. Their comparative approach addresses the issue of how a response can be reached in practice which at the same time concludes from (while represents) the law and does truly respond to needs lurking behind the faHade of any legal establishment. Both Comparative Legal Cultures and Comparative Judicial Mind answer by bridging the gap spanning between the law’s homogeneity (internality) and the socio-cultural environment’s heterogeneity (externality).
Keywords social heterogeneity / legal homogeneity, legal conceptualisation, legal institutionalisation, legal technique, conventions / reconventionalisation, continuity of social practice / through self-organising self-reconstruction.
References
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