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Article Formation and Development of Comparative Legal Studies
Authors Kresin O.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 5 / 2014
Pages 236 - 249
Annotation The paper considers the initiatives for the organization and institutionalization of comparative jurisprudence in Ukrainian Academy of Science in 1918–1920’s, primarily related to the name of F. Taranovskyi. The reason of the failure was the contradiction with dogmatized Marxist approach to jurisprudence. The process of decay of comparative legal studies in 1920–1940’s had been traced back. On the example of Volodymyr Koretskyi’s works the author demonstrates an alternative view of comparative jurisprudence, which did not get the support of the leadership of the UAS and the Ukrainian SSR. Preconditions of comparative legal studies revival in Ukraine after World War II are highlighted. The basic stages of development of comparative jurisprudence in Department, and later — the Institute of State and Law of the USSR are analyzed. On the example of Volodymyr Denisov’s works the author argues the transition from the accumulation of empirical knowledge about foreign law and single-country research to study the problems of the general comparative jurisprudence, and the impact of the latter on the transformation of theoretical and methodological foundations of Soviet jurisprudence at all. The complex path and gains of comparative jurisprudence at the Institute of State and Law in the independent Ukraine are analyzed.
Keywords comparative jurisprudence, comparative law, institutionalization, organization of research, the history of jurisprudence.
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