Abstract

The problem of understanding of the essence of the convergence of law is always in one or another form observed in the Western and Russian legal science. Converging process always had an objective basis of its origin and development, was determining the content and features of the development of many national legal institutions, and also norms and principles of international law. Today, the convergence of law takes place in the framework of political and economic globalization, which, of course, stimulates the interest of researchers to this multidimensional phenomenon. Of a particular interest in this aspect are mixed legal systems, the research of which is conducted in the framework of the theory of legal convergence and has a high level of complexity due to the inevitable involvement of a wide range of different factors. The impacts of various factors, contributing to the convergence of the Romano-Germanic and Anglo-Saxon law are taking place, processes of “infiltration” of law institution are happening at the regional level and so on. The article covers key aspects of the evolution of the discourses of convergence of law from the Ancient to modern theories of mixed legal systems. The author’s findings are of great importance for the development of the theory of law, comparative law and political science at the beginning of XXI centuary. DOI: 10.5901/mjss.2015.v6n3p262

Highlights

  • IntroductionConvergence in the Soviet humanitarian discourse was limited mainly to the sharp criticism of the possibilities of approachment of the socialist and capitalist worlds, the acquisition of similar traits and characteristics

  • In the Soviet social science in 60-80-ies the western theory of convergence immediately received so called “registration” in the scientific officiality, and naturally, here took place its ideological reading, and as a result it was considered to be «bourgeois» ɢ «antiMarxist».Convergence in the Soviet humanitarian discourse was limited mainly to the sharp criticism of the possibilities of approachment of the socialist and capitalist worlds, the acquisition of similar traits and characteristics

  • At the turn of XX-XXI centuries, researchers have already gone from the data-ideological understanding of the nature of convergence in general and legal convergence in particular and consider the essential aspects of this phenomenon and process in the other dimensions

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Summary

Introduction

Convergence in the Soviet humanitarian discourse was limited mainly to the sharp criticism of the possibilities of approachment of the socialist and capitalist worlds, the acquisition of similar traits and characteristics. This kind of interpretation was develop in monographic studies of those years, in dictionary articles and academic literature In this respect, it is no coincidence that the theory of convergence in the ɏɏ century became one of the main concepts of modern Western jurisprudence, political science, sociology, Economics, and has had a significant impact on comparative legal studies, in many ways, extending their subject and the theoretical and methodological base

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