Abstract

The article exposes to a holistic consideration the socio-cultural foundations of the state - legal development, discusses traditions and innovations in the study of the latter, and is formulated and argued the author's theoretical and methodological reconstruction program of data bases. The authors prove that the sociocultural foundations legitimize specific historical functioning of public government institutions and their further transformation through the creation of special socio-political state of society - political metanarrative. It is shown that socio-cultural bases are always paired with a dominant socio-political and legal intellectual work of the society, its possibilities and limits, are a set of trends and vectors of public government transformation. In the context of the article a model of analysis of socio-cultural implications of state-legal development that has several levels are provided: a) archetypal (moral-cognitive intuition, archetypal codes, images, symbols, basic scripts and forms of political activity); b) "quasiisometries" of archetypal structures; c) empirical - everyday (usual) socio-political interaction and its emotional and psychological component; d) institutional (political institutions, institutional and regulatory activity and other public legal practice); e) doctrinal and ideological-conceptual; f) "quasiisometries" of institutionally-organized public-legal society, consisting of positive (socioculturaly approved) and negative (harmful, dangerous) political and legal phenomena and processes; g) the level of socio-political integrity. DOI: 10.5901/mjss.2015.v6n3s4p67

Highlights

  • To analyze the socio-cultural foundations of coding state - legal development, apply a package systemic approach This approach is the possibility of adequate study of depth cultural attitudes, their influence on the development of forms of power-legal organization, motives and subjects of legal and social interaction, reproduction style of legal thinking, cognitive attitudes that determine the perception and assessment of legal institutions and legal activities (Mouffe Ch., 2000)

  • It is no coincidence that in the context of legal anthropology the research work is aimed at the reconstruction, first of all, everyday social and legal interaction in the system of personality - society - state, the specifics of which reveals regularities and features of the legal existence of the society

  • In the context of the analysis of state-legal development it should be spoken of a single political - legal order, which is based on political, legal norms, ideas, values and ideals of the institutional organization of society, ensuring the orderliness of social relations and reflecting the peculiarities and regularities of development of socio-cultural system

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Summary

Introduction

It is no coincidence that in the context of legal anthropology the research work is aimed at the reconstruction, first of all, everyday social and legal interaction in the system of personality - society - state, the specifics of which reveals regularities and features of the legal existence of the society. At analyzing of a legal existence, everyday interaction and mass style understanding of legal phenomena and processes they, respectively, are significantly different (Rouland, 1988). Even taking into account the similarity of the vector of political and legal development of most European countries, there are significant differences in everyday legal life and in the specific of mass and the political and legal reality perception. Lukashev indicates that "the heterogeneity of socio-normative regulators in any European society, the existence of subcultural groups with different orientations, the desire of migrants from different civilizations, to impose their values result in a conflict of cultures" (Lukashev, 2006, p. 254)

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