The influence of religion on the formation and development of modern legal families

Abstract

Goal. The aim of the work is a comprehensive analysis of the main problems and features of the influence of religion on the formation of modern legal families, including in the context of modern globalization processes. Method. The methodology of the study involves the integrated use of a number of general and special methods of cognition, in particular: terminological analysis, synthesis, structural-functional and comparative law. Results. In the course of the research it was proved that in the modern conditions of society development the religious legal family plays an important role due to the large number of citizens of the states that make it up. The factor that reinforces this role is the migration processes caused by globalization and integration phenomena. Today, despite its conservatism, the religious legal family under the pressure of external circumstances is forced to abandon some of its dogmas, mainly in terms of ensuring the development of the individual and the realization of his rights. The religious legal family is a separate type of legal system with its own peculiarities. It is important to distinguish between religious law and the national legal system of the state that makes up the religious legal family. Scientific novelty. The study found that in the legal families of traditional law, religion is decisive. This is manifested in the fact that, on the one hand, it serves as a regulatory mechanism for traditional, customary and other social norms. On the other hand, religion within the legal families of traditional law plays an independent role mainly in cases when it comes to regulating the activities of public law institutions. Practical significance. The results of the study can be useful in the process of developing a general theoretical and comparative religious model of formation and development of legal families of today, in particular in the context of globalization.