REGULATORY FUNCTION OF LAW IN THE TRADITIONAL LEGAL FAMILY
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article analyzes the peculiarities of legal consolidation and implementation of the regulatory function of law in the family of traditional law. In the course of the study it was recognized that in the traditional legal family the regulatory function is dualistic, thanks to the regulatory mechanisms of traditional, customary and other social norms, mainly in the fields of private law, and its independent regulatory role in the activities of public law institutions. The peculiarities of the birth of a regulatory function and the primary ways of its realization in the territories of the African states in the era of the birth of traditional (customary) law are highlighted, namely: 1) the domination of social relations and of the consciousness of the African population as a custom and customary law as the main regulator of social relations between them; 2) the domination of means of collective (collective) regulation of social relations over individual decisions, as well as collective (group) legal awareness over individual (personal); 3) dynamics of the regulatory function on an inductive basis – from unit to general (family – family – society – state); 4) the existence of the primary regulatory function of law in the absence of a legal doctrine (and as a source of law, and as a legal science); 5) interweaving in the process of implementing the regulatory function of legal norms with customary, traditional, moral and religious norms; 6) the priority direction of the regulatory function of the African traditional procedural law to meet the interests of the social group, and not the interests of the parties to the dispute; 7) archaic approaches in the process of implementing the regulatory function of African law; 8) the partial influence of the postulates of Christianity and Islam on the legal regulation and implementation of the regulatory function of the law of some African countries. It is concluded that additional analysis requires the second stage of the development of the customary law of modern law in Africa, which took place under conditions of African colonial dependence, and the third stage, which is characterized by the influence of the spread of internationally recognized common values in the legal ideology and legal system of African countries
Authors and Affiliations
Роман Васильович Зварич
Keywords
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