Experiences of Legal Integration and Reception by the Brics Countries: Five Passengers in a Boat (Without a Dog)

Zakharova, Maria; Przhilenskiy, Vladimir

doi:10.21684/2412-2343-2018-5-2-4-23

Cited by 4 publications

(1 citation statement)

References 9 publications

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“…The study's background is due to the fact that the current stage of social development is characterized by increasingly close interaction and interdependence of individual states and regions that form the world community. National legal systems are in constant dialogue, and the legal culture of one society is enriched by elements of other legal cultures [1][2][3][4]. The reception of law is an objective process inherent in any society that is not in a state of artificial isolation [5].…”

Section: Introductionmentioning

confidence: 99%

Reception of law as a form of cultural interaction

Voronina

2021

SHS Web Conf.

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The study’s objective is to identify factors contributing to the positive results of legal reception and generalize the concept of legal reception, revealing the close relationship of law with the culture. During the research, various scientific approaches and methods of knowledge contributed to the achievement of the intended objective. The research is based on dialectical, systemic methods and the comparative legal approach. The result of the study was the conclusion that the result of intercultural interaction is not always favorable and can have both positive and negative consequences: when the national legal system becomes inconsistent, illogical, loses the character of self-execution, up to the fatal outcome – the destruction of the legal culture of society. As the most important condition for the successful reception of law, the authors highlight the compatibility of the cultures of the donor country and the recipient country (interacting cultures). It is argued that the formation of a single global cultural, legal space does not reflect the objectively existing patterns of development of societies, and the incompatibility of different types of legal cultures is the main factor preventing the creation of global legal order in general and hindering the success of the reception of law in particular. The novelty of the research is determined by the fact that the reception of law is one of the forms of intercultural interaction and plays a significant role in the mutual penetration of legal cultures. Although the topic is one of the most popular for domestic and foreign legal science, as a rule, its study is reduced to the description of the facts of reception, in most cases of Roman law, and the number of general theoretical studies of this issue is insufficient.

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Section: Introductionmentioning

confidence: 99%

Reception of law as a form of cultural interaction

Voronina

2021

SHS Web Conf.

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Anti-Rawls or the Russian Way of Eurasian Integration

Zakharova

Przhilenskiy

2019

Russ. law j.

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This article examines Eurasian integration in the context of the ideas which accompany it and make possible the implementation of its practices, especially law-making and law-enforcement practices. The central theme of the article is the competition among values and social technologies claiming to play an integrating role. The starting point of this analysis is the theory of justice by John Rawls presented in the form of many interpretations thereof by legal theorists, as well as experts in the field of political and moral philosophy. It is examined based on assessments made from the standpoint of the politico-legal and socio-historical development of the West, as well as on attempts to look at this theoretical concept from a different cultural and civilizational point of view. Detailed consideration is given to the ideas and images of justice formed within the philosophical symbiosis of Confucianism and Legalism and providing a value-based legal identity of the Chinese civilization. The article shows that the ideas and values of the Rawlsian theory of justice are rooted in the political and legal history of European civilization and the dependence thereof on the philosophical and theoretical language of European enlighteners and even on the Indo-European national language family. As the main alternative to the neoliberal theory of justice, the article studies the philosophical and theoretical and politico-legal heritage of the Eurasianists. The theory of Eurasian law advanced by representatives of this movement is analyzed in depth. This type of legal relations, based on obligations, is considered as a special type of law capable of uniting heterogeneous entities without requiring their full unification or depriving them of their civilizational and value-based peculiarities. The authors analyze the real experience of economic and politico-legal integration, both within the framework of international organizations and at the level of inter-governmental [inter-country] cooperation. An assessment is made of the justifiability of the claims of Eurasianist philosophy regarding its ability to successfully provide integration processes in this part of the world.

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Modern Challenges to Labor Relations: Discussion on the Global Regulation of the Labor Market

Ricceri¹,

Shesteryakova²

2018

Herald of the Euro-Asian Law Congress

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Introduction: the authors study the possibility of the global regulation of the labor market. To highlight the topic the article presents the opinions of two experts. Methods: comparison, description, classification. The subjects of the study are international treaties ratified within the framework of international organizations and pools, statistical data. Analysis: economic, social, political and other changes constantly occur in the modern world. It influences the emergence of new forms of competitive ability, pursuit to new opportunities of profit, restructuring of industry, production units, mobility of the workforce, migration flows and formation of new communities, social and cultural relations. In such conditions it is important to observe labor and other social rights of employees, guarantees of labor unions activity. The article faces the questions of how and in what ways it is possible to develop uniform norms and concepts capable of promoting more fruitful specific state cooperation in the common interests of managing the labor market. Results: professor M. Ricceri pays attention to the fact that global competition «stresses» the growing importance of institutional factors to regulate the labor market, namely the applicable laws and rules regulating the conduct of more important participants of the development process: government, system of business, employees and labor unions. Their experience shows that improving of economy and social welfare and also promotion of sustainable growth ultimately depends on the capability to adapt institutes, norms and conduct globally. These are the problems which should be solved by integration and management decision. Professor I. V. Shesteryakova points out that nowadays labor legal integration of states is a process of mutual adaptation of labor legislation of the states through rapprochement, harmonization and unification based on international legal rules. Thus it is possible to work out uniform notions and approaches to manage the global labor law in the framework of labor legal geo-integration.

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Experiences of Legal Integration and Reception by the Brics Countries: Five Passengers in a Boat (Without a Dog)

Cited by 4 publications

References 9 publications

Reception of law as a form of cultural interaction

Reception of law as a form of cultural interaction

Anti-Rawls or the Russian Way of Eurasian Integration

Modern Challenges to Labor Relations: Discussion on the Global Regulation of the Labor Market

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