The Problems of Essence of Law at the Present Stage
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Abstract
The problems of the essence of law determined by the globalization process are analyzed in this article. The author puts a hypothesis that present globalization processes determine changes in the essence and content of law as well as it’s features. That determines the futurology problems in law, when the law appears as one of the elements of a certain world model. The author analyses the main theories of the essence of law (law as a measure of justice, freedom etc.) and moreover the main law interpretation concepts (philosophic, normative, sociological, law as integrity), the main conclusion is they are interconnected as every project emphasizes only a one side of the law being. The hypothesis is checked by the analysis of the widely used law features and law conceptions and it’s critique from the point of contemporary globalization processes. It affords to make a conclusion that some features change it’s content but law saves its essence as a method of the most significant social relations regulation thus ignoring changing of law values.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
