Реальный, иллюзорный и вымышленный правовой плюрализм

Abstract

Introduction. The relevance of this work is due to the ongoing discussion regarding the existence of various forms of legal pluralism and the ambiguous attitude to the plurality of systems (subsystems of law) within the framework of jurisprudence. In this regard, it is necessary to distinguish the real situations of legal pluralism from illusions and fictions that are found in scientific and near-scientific literature. Methodology. Dialectics, comparative method, formal-logical method, system approach, analysis and synthesis have formed the research base. Results. The statements about the coexistence of various legal systems in society are presented and analyzed. The reasons for the existence of such representations are revealed. Conclusion. The article proves that legal pluralism is a real, albeit ambiguous phenomenon. The opinion is refuted, according to which legal pluralism either does not exist at all, or can only be evaluated negatively. At the same time, its scale and significance are often exaggerated due to representations that are defined as illusory and (or) fictitious legal pluralism. In the first case, it is the result of the illusions of the researchers themselves (thinkers) or a purposeful attempt to generate such an illusion from third parties. In the second, these are artistic descriptions of clearly fictional state-legal systems. Social reality and erroneous judgments about it, the fruits of imagination should be distinguished. At the same time, persistent delusions and fantasies can be non-random, socially conditioned, and perform certain functions in society.