Paradigm Foundations of the Comparative Legal Approach in Legal Science
( Pp. 274-282)
More about authors
Abdullaev Elshan Elshad оgli
Сand.Sci.(Law)
independent researcher
independent researcher
Abstract:
Abstract: The article explores and substantiates the methodological aspects and possibilities of using the comparative legal approach in legal science in order to understand the paradigmatic foundations of the development of law in the spatial aspect of its functioning.
The relevance of this article is due to the fact that at present, in various branches of scientific knowledge, studies related to various spatial phenomena are of particular importance, one of which is the “legal space”, which forms a national system of law specific in nature, which paradigmally develops under the influence of a system of internal and external factors studied in the framework of comparative legal studies.
The indicated direction of scientific research has its own metanature, as well as levels of immersion in the depth of the semantic and content of the legal space, has an original methodology and methodology that make it possible to penetrate deeply into the fabric of legal phenomena.
This scientific direction is undoubtedly important from the point of view of the development of national legal systems, allowing them to be properly identified and determine the possible directions and limits of the transformation of national law, having studied the best world experience in a comparative aspect.
The relevance of this article is due to the fact that at present, in various branches of scientific knowledge, studies related to various spatial phenomena are of particular importance, one of which is the “legal space”, which forms a national system of law specific in nature, which paradigmally develops under the influence of a system of internal and external factors studied in the framework of comparative legal studies.
The indicated direction of scientific research has its own metanature, as well as levels of immersion in the depth of the semantic and content of the legal space, has an original methodology and methodology that make it possible to penetrate deeply into the fabric of legal phenomena.
This scientific direction is undoubtedly important from the point of view of the development of national legal systems, allowing them to be properly identified and determine the possible directions and limits of the transformation of national law, having studied the best world experience in a comparative aspect.
How to Cite:
Abdullaev E.E. Paradigm Foundations of the Comparative Legal Approach in Legal Science // Gaps in Russian Legislation. 2023. Vol. 16. №5. Pp. 274-282. (in Russ.). EDN: RBWDPS
Reference list:
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Chucha S.Yu. Transformation of the Labor Law Paradigm in the Post-Industrial Information Society (Review of the International Scientific and Practical Conference) // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2022. Vol. 17. No. 2. pp. 224-241.
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Bachurkina O.A. Comparative jurisprudence. Orenburg: Orenb. state un-t, 2008. 120 p.
Agreement between the Russian Federation and the Republic of Belarus dated 08.12.1999 "On the Creation of the Union State".
Egorov A.V. Methodology of comparative law in the works of V. A. Tumanov // Actual problems of Russian law. 2017. No. 1. pp. 237-243.
Zheldybina T.A. Scientific paradigm in the theory of law // Saratov. Justice. 2019. V. 1. No. 2. P. 101-117.
Kerimov D.A. Methodology of law. Subject, functions, problems of philosophy of law: monograph. Moscow: Izd-vo SGU, 2011. 520 p.
Kovalevsky M. M. Clan among the aboriginal tribes of Russia// Socis: Sociological research. 2002. No. 5. P. 129–138.
Lafitsky V.I. Comparative jurisprudence in images of law. M.: Statut, 2010. Vol. 1. 429 p.
Malikova A. Kh. Comparative jurisprudence. Samara: Samara State University of Economics, 2021. 90 p.
Nikitina E.E. Civil society in the paradigm of law: current trends in the development of theory and practice // Journal of Foreign Legislation and Comparative Law. 2021. Vol. 17. No. 2. pp. 5-25.
Saidov A.Kh. Comparative jurisprudence and legal geography of the world. M.: IGPAN, 1993. 148 p.
Tille A.A. Socialist Comparative Law. M.: Yurid. lit., 1975. 207 p.
Tikhomirov Yu.A. Comparative Law Course. M.: Norma, 1996. 427 p.
Fayziev M.M. Soviet Comparative Law in the Conditions of Federation / Ed. ed. A. I. Ishanov; Academy of Sciences of the Uzbek SSR, Institute of Philosophy and Law named after. I. M. Muminova. Tashkent: Fan, 1986. 121 p.
Chucha S.Yu. Transformation of the Labor Law Paradigm in the Post-Industrial Information Society (Review of the International Scientific and Practical Conference) // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2022. Vol. 17. No. 2. pp. 224-241.
Glenn P. Comparative Legal Families and Comparative Legal Traditions // The Oxford Handbook of Comparative Law / Ed. by M. Reimann, R. Zimmerman. – N. Y., 2008.
Sean Patrick Donlan. The Mediterranean Hybridity Project.European Journal of Comparative Law and Governance. 2014. Access mode: https://brill.com/view/journals/ejcl/aop/article-10.1163-22134514-00101003.xml?rskey=rPmn8b&result=1.
Keywords:
law, comparison, system, paradigm, methodology, method, levels..
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