Article | Comparative Jurisprudence and Comparative State Science: Interaction and Interconnection Issues |
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Authors |
Zheldybina T.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 3-4 / 2013 |
Pages | 106 - 115 |
Annotation | The article touches upon problems of сomparative jurisprudence and comparative state studies interaction and interrelation. Necessity of addressing these problems is caused by world global state and legal reforms. The interrelation of these spheres of scientific knowledge system supposes finding their correlation approaches (models). Elaboration of such models in accordance with the legal state formation and building law-bound state explains the necessity of appealing to continuity and modern state problems as well as perspectives of development of state and law issues in the comparative aspect. The aim of this article is the study of comparative jurisprudence and comparative state studies interrelation and interaction. Everything must be subject to historical experience. Methodological basis of this research is these branches of law analysis, the gained results synthesis as well as comparative-legal analysis’, formal-legal analysis’ and system-srtuctural analysis’ methods. Admitting the traditional points of view on the interrelation of law and state (totalitarian, liberal, pragmatic) the author comes to the idea that modern democratic states structure their interrelation in such a way that state is above law and state is working as the retarder. When forming concepts of comparative jurisprudence and comparative state studies interrelation model researchers must take into consideration the whole historical experience, tendencies of both science (not only theoretical but special legal too) and practice development. |
Keywords | comparative jurisprudence, comparative law, comparative state studies, comparative method. |
References | |
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