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Article American Legal Culture: General Quintessence and Branches Characteristics
Authors
Osakve Ch.
Name of magazine Scientific-practical professional journal «Comparative Law»
(Ukrainian language)
Issue 3-4 / 2012
Pages 209 - 224
Annotation

The author examines the concept, definition and interconnections of legal culture, legal system and legal tradition. On this basis he formulates the basic selection criteria, definition, characteristics and principles of Western legal culture, as well as the classification of legal families (groups of legal systems) in its range. Anglo-American and Roman-Germanic legal culture regarded as philosophical opposites, are defined by their fundamentals.

Special attention is given to the allocation of general quintessence and branches characteristics of modern American legal culture as a subspecies of the Anglo-American legal culture. The author argues that the American legal culture is Americanized, i.e. constitutionalized kind of English legal culture, it was formed under the influence of three factors: the moral principles of Protestantism, philosophical tenets of Puritanism and governing regulations of U. S. 1787 Constitution. This legal culture considers fidelity to the rule of law as the highest value of civilized society. Within its limits author identifies branch legal culture, focusing in particular on tort and contractual cultures, formulates their leading principles.

Keywords legal culture, legal system, legal tradition, the classification of legal systems, American legal culture, branch legal culture, tort legal culture, contractual legal culture.
References
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