Article | Development of Scientific Principles and Values in the Activities of International Academy of Comparative Law |
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Authors | Kresin O. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2013 |
Pages | 298 - 311 |
Annotation | The author substantiates the role of institutionalization in the development of modern science, including the development within sustainable institutions in this area supraindividual research positions and views. This, in his opinion, justifies the study of views on the nature of comparative jurisprudence, its subject and object, the methodology, the values that have been formed or expressed during the activities of the International Academy of Comparative Law — one of the most influential and representative self-assembled at specialized unions of legal scholars. According to the author, as part of the Academy back in the 1920's - 1930's formed a new, modern vision of comparative jurisprudence — not as an instrument of mechanic convergence of legal systems, but as the science, designed to cognition of the laws of states and peoples of the world in their diversity . The formation of this paradigm was in competition with the paradigms presented by other comparative legal institutions and, in particular, of instrumentalism in the service of universality, represented by UNIDROIT and a number of international and national organizations. The most important scientific principles and values that the Academy develops, the author singled out: the idea of global legal pluralism, equality and uniqueness of legal experience of peoples and countries, peaceful coexistence of different legal models, their refusal to impose, by constructing a single world law; the idea of comparative law as an expression of humanism in law, establishing the scope of tolerance and overcoming prejudices such as nationalism, chauvinism, Eurocentrism and others. The author argues that the Academy consistently developed philosophy of comparative jurisprudence, which laid the basis for the idea of concurrence in legal science of two metaparadygms — traditional legal-philosophical and comparativistic (metatheory and philosophy based on the study of being), winning by open and pluralistic comparativistic philosophy over idealistic monism that frequently turn in the forms of ideology and prejudice. |
Keywords | institutionalization of science, supraindividuality of thought, cognitive paradigm |
References | |
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