Abstract
In the article the author explores the issue of the genesis of the law as a phenomenon of objective reality differentiating it according to the principle of belonging to the western and the eastern legal tradition. The methodology basis for this research is the analytical psychology conception of Carl Gustav Jung, who considered the collective unconscious to be the basis of the human culture, which has collective, universal and impersonal nature, identical for all individuals of a certain community. We suggest differentiating the western and the eastern legal traditions in accordance with the values of the archetype criterion, which is the dominating cultural idea, and which creates the basic influence on the legal regulation on the whole and, in particular, determines the role of the law in public life and estimation of the law as a value.
Highlights
The law is the most effective regulator of public relations in a civilized society
We suggest differentiating the western and the eastern legal traditions in accordance with the values of the archetype criterion, which is the dominating cultural idea, and which creates the basic influence on the legal regulation on the whole and, in particular, determines the role of the law in public life and estimation of the law as a value
Collective unconscious is a part of psyche which differs from personal unconscious by the fact that it is not due to the personal experience and it is not a personal gain
Summary
The law is the most effective regulator of public relations in a civilized society. Being objective enough, it absolutely preserves the minimum of moral values as a basis, it’s protected with the force of government, genetically or enforcedly, but necessarily respected by the majority of the society. Its authority has declined lately, even in the Western Europe, where the significance and priority of the law as the most effective regulator of public relations has never been argued. In our opinion, this was caused by excessive formalization of the law, loss of spiritual element and ties with the society from which it originated and by the interests of which it should be filled and gain its strength and depth. We think that it’s necessary to begin with the understanding of “polar” cultural evolution of the world In his academic papers Alfred Toynbee paid a great attention to the differentiation of the world from the point of view of the peculiarities in development of its western and eastern parts. Only after extracting what we propose to call a culturological basis of the law (the true meaning of its main concepts in the frame of western-eastern system of differentiation) we’ll be able to predict and to increase the effectiveness of positive law as a regulator of public relations of a certain nation
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