“The State in the State:” Genesis and Structure of an Imaginary Political Space A Genetic Code of the Legal Culture of the Society

Abstract

The article introduces a special theoretical construction of a genetic code of the legal culture into scientific use. Being guided by the works of philosophers, sociologists and anthropologists, the author describes the legal culture of the society as a multi-level, integral, developing system that has a unique genetic code. The genetic code of the legal culture is presented in the form of a DNA molecule where natural (biological) and cultural (worldview) universals intertwine and are linked together by means of different ways of thinking. The first part enshrines universal principles and ideals that ensure the survival and perfection of mankind. Different as legal cultures are in various societies, preservation and transmission of these universal principles and ideals from generation to generation (mutual assistance, self-preservation, community based nature of life, taking care of posterity, need for communication, self-regulation, etc.) predetermines homogeneity of cultures of different societies and their development in the general flow of human history. Cultural (ideological) universals are based on the social nature of the human being. They include not only socially recognized phenomena (legal traditions, values, rituals, ceremonies, modes of upbringing, legal relationships, patterns of behavior, etc.) but also socially unconscious behavioral responses: gestures, communication style, etc. Different types of thinking and activities put together biological and social nature of the human community into a harmonious unity. Legal thinking is a way of knowing, expressing (articulating) and understanding (world perception) legal reality. This process of sense making or understanding law is carried out in the unity of different types (modes) of becoming familiar with social reality - sensual, intuitive and rational. By means of understanding and acquiring senses biological universals are "transformed" into cultural universals, which is reflected in the language and mentality of the people. A genocode in the legal culture of the society explains their discreteness and structural and functional unity, reveals the unity (natural universals) and uniqueness (world perception universals). As a result of the undertaken analysis, the author of the article concludes that genetic code can justify typological uniqueness of the legal culture of the society in the global cultural space.