Abstract
The article is devoted to theoretical issues of using one of the research methods — structural analysis — for legal culture studying. Legal culture is a kind of a layer in social environment that represents one of the regulatory types. Law in its functioning is closely connected with the state, but rules of that law are rooted in societal life, resting upon the ideas of fairness which are dominant in the society under specific historical conditions. Legal culture manifests itself in the samples (models) of behavior and values. Legal culture combines the rational and the irrational. Legal culture is formed and developed under concrete historical conditions and, on the one hand, relies on law, being one of the legal phenomena (hence, the existence of law is the indispensable prerequisite for the existence of legal culture), and on the other hand, it is a factor of ensuring law existence and enforcement, because any rules that do not meet the dominant society’s values and predominant behavior samples (models), would be invalid: either they will be ignored and not applied or attempts will be made to adapt them to the values and behavior samples (models) by means of interpretation, enforcement practices, etc. (but as a result of that, the content of the rules will be different), or such rules will be changed or cancelled.
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More From: Journal of Foreign Legislation and Comparative Law
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