Sociology of Law, Jurismetrics and the Rule of Law

Allalyev, R.M.

doi:10.31804/2542-1816-2019-3-3-99-104

Cited by 1 publication

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“…The origins of America's legal culture are in colonial times, being directly linked to the names of the founding fathers of American constitutionalism [2], we cannot but mention James Madison, Thomas Jefferson, John Adams, Benjamin Franklin, John Jay, Alexander Hamilton, and George Washington, who contributed significantly to the establishment of democratic institutions. They sought to create a government that did not function by overcoming human weaknesses but rather used those very human weaknesses to create political stability and maximize individual freedom [3]. The ideas that were once proclaimed and implemented by American thinkers remain relevant for modern political and legal systems of democratic states [4].…”

Section: Resultsmentioning

confidence: 99%

Cultural and legal significance of the Supreme Court of the United States

2021

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The study’s objective is to reflect on the cultural and legal experience of the United States Supreme Court as the oldest body of constitutional justice, with its long legal tradition, which seems essential for states undergoing constitutional law reform. The study used general scientific methods of analogy, classification, typology, systematization, analysis, and others, as well as special scientific methods such as systematic, functional, historical, the study of judicial practice (which included observation and description), the method of comparative law, etc., which allowed to present the views of the authors, and thus to achieve the objective of the study. The results and novelty of the work are to identify the cultural and legal significance of the activities of the highest judicial instance of the United States in the formation of the legal culture of American society. The authors address the genesis of the cultural and legal aspects of the U.S. Supreme Court, which served as the basis for the formation and implementation of constitutional rights and freedoms in the American state.

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Section: Resultsmentioning

confidence: 99%