Захарова М.В. Мировоззренческие платформы онтологизации французской правовой системы

Аннотация: The national legal order of each state has a certain cultural-andideological as well as civilizational base. Those are the bases to a large extent determining the course of evolution of national legal systems as well as qualitative direction of attractors at bifurcation points. Axiological analysis of the said ideological foundations of modern legal systems’ functioning is of an undeniable value both in terms of analytical-andretrospective tasks of legal science and in terms of forecasting functions of jurisprudence. The below paper deals with ideological bases of the French legal system formation and institutionalization. By means of a consistent step-by-step analysis of the course of the modern-identification-type French legal system evolution the author draws a conclusion that the legal system in question was affected by the following major ideological determinants: – the “rationalistic natural right” doctrine – historically one of the first ethical theories that had a paramount impact on understanding by the French state power structures of the essence of law-understanding and law-formation processes; – “legal dogmatism” – the ethical trend that has always had and is currently having a predominant influence on the French legal system development over the whole history of the Continental-European legal thinking style objectivation; – “legal mysticism” having 2 forms of practical manifestation: the natural- right form reflected in the works by the French Enlightenment thinkers (in particular, J.-J. Rousseau) the form of “legal fetishism;” – sociological right theory (was manifested in practice, first of all, in the French theory of legal instructions’ interpretation); – “legal neo-fetishism” of a supra-national nature (start of the objectivation period – mid-XX century).

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Abstract: The national legal order of each state has a certain cultural-andideological as well as civilizational base. Those are the bases to a large extent determining the course of evolution of national legal systems as well as qualitative direction of attractors at bifurcation points. Axiological analysis of the said ideological foundations of modern legal systems’ functioning is of an undeniable value both in terms of analytical-andretrospective tasks of legal science and in terms of forecasting functions of jurisprudence. The below paper deals with ideological bases of the French legal system formation and institutionalization. By means of a consistent step-by-step analysis of the course of the modern-identification-type French legal system evolution the author draws a conclusion that the legal system in question was affected by the following major ideological determinants: – the “rationalistic natural right” doctrine – historically one of the first ethical theories that had a paramount impact on understanding by the French state power structures of the essence of law-understanding and law-formation processes; – “legal dogmatism” – the ethical trend that has always had and is currently having a predominant influence on the French legal system development over the whole history of the Continental-European legal thinking style objectivation; – “legal mysticism” having 2 forms of practical manifestation: the natural- right form reflected in the works by the French Enlightenment thinkers (in particular, J.-J. Rousseau) the form of “legal fetishism;” – sociological right theory (was manifested in practice, first of all, in the French theory of legal instructions’ interpretation); – “legal neo-fetishism” of a supra-national nature (start of the objectivation period – mid-XX century).

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