LEGAL PLURALISM: FROM THE GENESIS OF THEORETICAL CONCEPT TO IMPLEMENTATION IN MODERN CONDITIONS
The presented paper covers the analysis of a study of the concept and the matter of "legal pluralism", an examination of approaches (both domestic and foreign authors) to the role of legal pluralism and its signiicance for various states and modern legal systems. It is noted that despite n...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Russian |
| Published: |
North-Caucasus Federal University
2021-09-01
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| Series: | Гуманитарные и юридические исследования |
| Subjects: | |
| Online Access: | https://humanitieslaw.ncfu.ru/jour/article/view/120 |
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| Summary: | The presented paper covers the analysis of a study of the concept and the matter of "legal pluralism", an examination of approaches (both domestic and foreign authors) to the role of legal pluralism and its signiicance for various states and modern legal systems. It is noted that despite numerous studies in the ield of legal pluralism, currently there is not a uniied approach to the deinition of this institution as well as a consensus on the name of the phenomenon under consideration. In this study, legal pluralism is considered not only from the point of legal theory but also from the position of legal history, which, undoubtedly, can enrich any scholar paper. In the legal doctrine, the examined conception appeared relatively recently, only about 50 years ago. It was the logical result of the collapse of the colonial system and the emergence of the need for newly independent states to ensure the coexistence of historically established customary laws with colonial law distributed by metropoles. Arguments are given regarding the change in the concept of legal pluralism over time. The article highlights the most topical issues concerning the legal pluralism, such as features of sources of law in states with the presence of legal pluralism, historical background to the evolution of legal pluralism and several other issues. Arguments are given regarding the positive and negative experience of legal pluralism in various countries of the world. The role of legal pluralism in resolving legal conlicts and restorative justice is also considered. The conclusion is drawn on the need to subsequent study the concept of legal pluralism and study the impact of this institution on the legal systems of states. The scientiic originality of the research lies in the analysis of foreign scientific literature on legal pluralism, as well as in the identiication of positive and negative factors of legal pluralism in modern conditions of development of various states' legal systems. |
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| ISSN: | 2409-1030 |