Law convergence: methodological foundations and ideological prerequisites in the context of modern development
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article is devoted to the study of the nature of law convergence, methodological foundations and ideological prerequisites for its implementation in the context of modern development. It is pointed out that law convergence implies mutual convergence of relevant legal phenomena, not unilateral absorption and blurring the identity of one legal system to another. From this it follows that true, but not declared, law convergence, can take place only in the presence of certain objective prerequisites for its implementation, which include, first of all, the similarity of the religious, moral and mental factors of society, that is, the similarity of the ideological and spiritual, but not the material basis being of the people. Material conditions of the functioning of society, including the level of its socio-economic, scientific and technological development, are derived from the measure of its spirituality, which, among other things, determines the specific nature of the formation and development of the system of national law, sources or forms of its expression, features of the perception of law by citizens or the population of the respective state, the specifics of interaction and the relationship of law with other social regulators, etc. The main ideological-and-valuable prerequisite for the implementation of modern law convergence is the unconditional priority of individualism over collectivism, and material over spiritual, in connection with which the convergence of national law orders among themselves occurs, first of all, in economic relations based on the principles of a free market. At the same time, such a convergence requires its moral-religious and politico-ideological justification, which always, as well as the economy and culture as a whole, have a specific historical specificity within a certain society and the state, which causes the objective impossibility of uniting in a single whole civilizations with unequal moral-religious coordinate systems without simultaneous loss of a corresponding identity of one of them and its dissolution in certain abstract-illusory formulas. Law convergence in its external aspect, that is, in the context of the convergence of different national law orders, can be justified and effective only if the corresponding state-organized societies have historically evolved within the same spiritual parameters, presented primarily in the peculiarities of the religious outlook. After all, religion itself is the spiritual basis of a society and state, and it is capable of fully justifying the complete relationship between real and ideal, absolute (metaphysical), and relative (empirical). Any sociocultural system always finds the appropriate justification in the features of a religious outlook that, due to historical causes, is not and cannot be the same or universal in the whole world. The legal system of Ukraine, as well as any other, developed by its own special historical path, in particular, on the specifics of the Orthodox branch of Christian doctrine and the moral-and-religious outlook of Ukrainian society formed on this basis. Due to this fact, a special system of views, evaluations and representations about the objective world and the place of man in it, its relation to the environment and to itself, the system of beliefs and ideals, values orientations, etc., was formed. The author believes that this is one of the reasons for the ineffectiveness of the implementation in Ukraine of legal and other socio-cultural standards of the so-called Western society, in particular the European Union, which cannot be considered homogeneous as they have been ripening in the distant historical past on the specific religious principles of Catholicism and Protestantism. In this connection, the differences between the national legal system of Ukraine and the EU legal system manifest primarily not in the formal aspects of the legal regulation of the relevant social relations, which is usually drawn attention in contemporary discourse, but at the level of internal awareness of law in the system of socio-regulatory regulation as a whole, understanding of its origins and sources, determination of the place, role and meaning of law in the provision of public and personal goods, peculiarities of its perception and assessment by the peoples of the respective states. The indicated differences cannot be overcome mechanically, that is, through formal borrowing of relevant rules or norms contained in EU law or international law, and their consolidation in the national legal system of Ukraine, in particular, in the Constitution. After all, the corresponding borrowed norms for their practical realization in our country need a proper value justification, which is achieved by comparing their content with the moral-and-religious coordinates system that is extremely important for the mentality of the Ukrainian people and developed in a special historical way, different from Western societies.
Authors and Affiliations
Serhii Sunegin
Keywords
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