Discussion on the Nature of the Principles of Law (Legal Principles) in the Context of Convergence of Legal Systems

Abstract

Based on the analysis of the approaches contained in the domestic and foreign literature, the correlation of the principles of law and legal principles is analyzed. The problems of using methodological tools for scientific knowledge of these concepts are highlighted, and the criteria for their correlation are considered. The author shares the researchers’ viewpoint about the identity of legal principles and principles of law. The author’s definition of the principles of law (legal principles) is formulated. It is pointed out that the position contained in the literature on the identity of the principles of law (legal principles) and requirements is debatable. The principles of law (legal principles) are considered in the context of their identification as sources (forms) of law. The libertarian approach to understanding the principles of law (legal principles) is analyzed, and the thesis is formulated that it does not exhaust all the diversity of the value dimension of law. The author substantiates the non-adaptability of the positivist approach to the interpretation of the principles of law (legal principles) to the common law family states. The dualism inherent in the principles of law (legal principles) is emphasized, which is manifested in the qualities of universality and locality. In this perspective, the author highlights the problem of increasing influence of religious regulators of social behavior, which can inspire the development and expansion of dissonance between the principles of law based on secular and religious law. It is indicated that intensive immigration from clerical (theocratic) states exacerbates the problem of harmonization of the principles of law in the implementation of contacts between civilizations of different orientations and levels of development. The author shows tendencies of formation of national-cultural and religious enclaves within which "own principles of law" are applied, which produces the development of parallel "legal spaces" that strengthen social confrontation.