Правовой менталитет и преемственность в праве

Pravoprimenenie

Владимир Алексеевич Рыбаков¹ 

[1] Омcкий государственный университет им. Ф.М. Достоевского

关键词: Правовое сознание;    правовой менталитет;    право;    преемственность;    правовые взгляды;    правовое мышление;   

DOI  :  10.24147/2542-1514.2017.1(2).12-18

学科分类：社会科学、人文和艺术（综合）

来源: Dostoevsky Omsk State University

【 摘 要 】

УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication. The purpose of the article is to identify the relationship of the legal mentality and development of the law. Methodology. The research is based on the method of legal analysis, formal-legal method. Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him. Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present. The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function), communication, preservation (protection), stabilization and preservation of justice, regulatory. Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. .

【 授权许可】

CC BY