Legal globalization: law, inevitability, prospects
Abstract work
law in the 21century can not remain away from the general dynamic process developed in various spheres of public life as they are the phenomenon rigidly included in the context of social development. One of the most typical processes of modern world development in the humanitarian sphere is globalization penetrating practically all sides of life of modern society and bearing both positive, and obviously negative social charge. We shall try to analyze the phenomenon of the law in the context of the process of globalization and, thus, we shall try to understand influence of consequences of global processes in the modern world on development of the legal phenomenon, including features of the domestic legal system.of globalization can not bypass the phenomenon of the state which in new conditions is exposed to the most rigid check on durability for all centuries-old history. Globalization has put questions relating to such firm fundamental bases of the state development as state sovereignty. Accordingly, there has been essentially modified actually administrative function of the state that is accompanied by obvious decrease of its administrative potential.the subject of our investigation is not the problem of influence of processes of globalization on the phenomenon of the state, we shall leave behind brackets the detailed analysis of parity of globalization and the state, having noted, that the specified phenomenon of the last years, characterized by easing of opportunities of the sovereign-state influence on the processes of global development with inevitability entails the cardinal reassessment of traditional understanding of the legal phenomenon, natural devaluation of opportunities of its regulatative influences. In the given case it is meaningful to speak about irrespectivity of further reasoning to fashionable and, certainly, theoretically useful disputes concerning problems of law understanding, the majority of which anyhow mention the questions of parity of the state and the law. However, it is hard to find the scientific idea generally denying this or that interrelation of these major and, undoubtedly, rather close, social phenomena.view of the above mentioned it is rather logical to speak about trend of further scientific-legal researches, in particular, for analysis of adaptive ability of the legal phenomenon, including social needs and opportunities of expansion of regulatative potential of the law.of all, it would be desirable to mention structural changes of the phenomenon of the law. Here, in our opinion, the most typical for the last decades is the phenomenon of convergence of the legal systems. The question is the process of rapprochement of the two basic legal families - continental and Anglo-Saxon, shown in interseculation of the most important characteristics of the both. On the one hand, the continental legal family is specified with the essential increase of value of the precedent practice, mainly, in connection with strengthening of the role of the constitutional justice. On the other hand, surveying characteristic tendencies in development of Anglo-Saxon legal family, it is necessary to note expansion of actually legislative influence in the zone of the general law., We do not mean unification of the two legal families mostly widespread in the modern world. At the given stage it is possible to assert with definiteness about obviously expressed tendency to rapprochement of typology of their structural construction in the sphere, mainly, of formation of the list of sources of the law, characteristic for the both families. Thus, there does not cause any doubt validity of ascertaining and, obviously, necessity of preservation of the known originality of the national legal systems united by certain attributes in the corresponding legal families., The general vector of development of the world legal phenomenon in conditions of globalization is obvious. It is, thus, important thus that adapted characteristics of the legal families should have positive potential that the legal systems perceived historically caused positive features of each other.continental legal family it would be essentially important to incorporate such dynamic properties of Anglo-Saxon family as rather inoperative state reaction (in the given case on the part of the judicial branch of the power) on the changing public relations having the legal nature and by virtue of this reason requiring special-legal influence, ie legal regulation. Besides the specified reaction, as a rule, can not but be characterized by the increased quality of decision of the arisen social problem requiring legal (more precisely, normative) sanctions, by the special level of profession...
