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Re-globalization and Its Impact on Law
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Re-globalization and Its Impact on Law
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.138
Publication type
Article
Status
Published
Authors
Sergei Belov 
ORCID: 0000-0003-4935-9658
Occupation: Head of the Department of Constitutional Law, Dean of the Law Faculty, St. Petersburg State University
Affiliation: Saint-Petersburg State University
Address: St. Petersburg, Russia
Edition
Volume 27 No. 12
Pages
54-67
Abstract

The current state of cultural, economic, and political systems on a global scale is difficult to characterize from the point of view of globalization: on the one hand, the world is technologically unified and interconnected, on the other hand, trends are forming in the protection of their identity by different countries and regions and the struggle of national cultures against dissolution in a single global world order. Such trends can be described as re-globalization. Law is a part of these processes, and objections to universal law based on the models and values of Western countries are becoming more and more clearly visible. However, if the globalization of law, the erasure of differences between national legal systems, has an impressive theoretical and scientific justification, then the protection of national legal identities is not so developed, and the ideas about the global diversity of law are largely formed in the discourse, in the language and in the coordinate system of Western legal science.

The purpose of the study is to outline the contours of legal re-globalization, to identify the obstacles that create the current ideas about the typology, values, comparability of legal systems of different countries of the world, and to identify the ideological foundations on which re-globalization can rely. To achieve this goal, the tasks of describing the social and legal dimension of globalization and re-globalization, assessing the perception of different legal traditions in modern law, identifying value limitations of borrowing legal institutions and norms from other legal systems and requirements for a new description of law as a social phenomenon on a value- and culture-neutral basis are set.

The method of research is the generalization and analysis of the modern perception of differences in legal systems and their interaction.

Conclusion: it is necessary to form a value-neutral description of law that identifies common features of law in different socio-cultural contexts, taking into account non-Western legal traditions, which will allow developing conceptual characteristics of the identity of different legal systems.

Keywords
globalization, post-globalization, neo-colonialism, comparative law, identity of legal system, legal families, legal traditions of the world, legal transplants
Date of publication
21.12.2023
Number of purchasers
8
Views
265
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0.0 (0 votes)
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