Mechanically borrowed western legal constructions and values as a factor of increasing legal anomie

Authors

DOI:

https://doi.org/10.17308/law/1995-5502/2023/2/89-98

Keywords:

the legal system of society, legal anomie, mechanically borrowed structures and values, the balance of rights and obligations of a person and a citizen, legal culture, legal traditions, mentality, national identity

Abstract

The article analyzes the problems of mechanical borrowing of structures and values from Western legal systems that are not consistent with domestic legal traditions and mentality. It is concluded that this leads to the fact that they are not perceived by the majority of the population as structures and values inherent in it, as naturally adequate to its legal culture, as nationally verified rules of conduct, which ultimately inevitably leads to increased legal anomie.

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Author Biographies

  • A. V. Malko, Togliatti State University

    Doctor of Legal Sciences, Professor, Professor of the Constitutional and Administrative Law Department, Honored Worker of Science of the Russian Federation

  • D. A. Lipinsky, Togliatti State University

    Doctor of Legal Sciences, Professor, Head of the Constitutional and Administrative Law Department

  • R. S. Markunin, Togliatti State University

    PhD of Legal Sciences, Associate Professor

  • A. A. Ivanov, Togliatti State University

    PhD of Legal Sciences, Associate Professor, Associate Professor of the Constitutional and Administrative Law Department

References

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Published

2023-08-10

Issue

No. 2 (2023): April – June

Section

Theory and History of State and Law