Legal Culture of Society in the Context of European Integration

V. Lomaka
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Abstract

In the context of national and cultural revival of Ukraine, orientation towards building a democratic, rule-of-law state and democratic society, which is returning to the family of European nations, the problem of legal culture is of great importance. The purpose of the article is to contextualize and streamline the ideas about the phenomenon of legal culture. Legal culture is a relatively new term, introduced into scientific circulation in the last third of the twentieth century. This does not mean that the issues and processes it is used to explain have emerged recently. On the contrary, legal culture as a legal phenomenon has existed since the emergence of law and the state, acquiring a new sound every time when transjurisdictional law collides with the law of certain entities (ethnic groups, kingdoms, nation-states), causing the formation of a pre-legal order, then - legal order and finally - the legal system. Structural elements of legal culture (institutional and intellectual) are not historical constants, but change over time. Thus, legal culture is to some extent both static and dynamic. Legal culture is formed under the influence of various historical events and processes in society, region and the world. Together they form the basis of legal culture, which gives it a static character. But since the functioning of society and the state, their interaction with other states constantly creates new experience, legal culture is constantly undergoing certain (significant or insignificant) changes (covering legal culture as a whole or its individual elements), which gives it a dynamic character. The development of legal culture is influenced by the relationship between languages and legal systems, especially in the process of legal integration, as well as the problems that arise when trying to translate legal documents from one language into another. The value of the concept of "legal culture" lies in the fact that it helps to better understand law in action, its embodiment in institutional and similar practices, because ideas and expectations about law and the legal institutions that ensure its functioning are often questioned and may change in the process of encountering other, competing ideas, expectations and practices related to law.The legal-cultural approach helps us to understand how national legal cultures respond to current changes and, by comparing past and present processes, to identify those factors and mechanisms that trigger or restrain changes in the legal sphere.
欧洲一体化背景下的社会法律文化
在乌克兰民族和文化复兴的背景下,朝着建设一个民主、法治国家和民主社会的方向,这是回归到欧洲国家的大家庭,法律文化问题是非常重要的。本文的目的是对法律文化现象的概念进行语境化和理顺。法律文化是一个相对较新的术语,在20世纪后30年才被引入科学流通。这并不意味着它用来解释的问题和过程是最近才出现的。相反,法律文化作为一种法律现象,自法律和国家出现以来就一直存在,每当跨管辖权的法律与某些实体(族群、王国、民族国家)的法律发生碰撞时,就会产生新的声音,从而形成前法律秩序、后法律秩序、最后法律体系。法律文化的结构要素(制度上的和思想上的)不是历史上不变的,而是随着时间的推移而变化的。因此,法律文化在某种程度上既是静态的,又是动态的。法律文化是在社会、地区和世界的各种历史事件和进程的影响下形成的。它们共同构成了法律文化的基础,使其具有静态的特征。但由于社会和国家的运作,它们与其他国家的互动不断创造新的经验,法律文化不断地经历着某些(重大或不重要的)变化(包括法律文化作为一个整体或其个别要素),这赋予了它一种动态的特征。法律文化的发展受到语言与法律制度的关系的影响,尤其是在法律一体化的过程中,以及在试图将法律文件从一种语言翻译成另一种语言时出现的问题。“法律文化”概念的价值在于,它有助于更好地理解行动中的法律,它在制度和类似实践中的体现,因为关于法律和确保其运作的法律制度的观念和期望经常受到质疑,并可能在遇到与法律有关的其他竞争性观念、期望和实践的过程中发生变化。法律文化方法帮助我们了解国家法律文化如何应对当前的变化,并通过比较过去和现在的过程,确定触发或限制法律领域变化的因素和机制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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