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LEX RUSSICA (РУССКИЙ ЗАКОН)
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Сокольская Л.В. Виды правовой аккультурации

Аннотация: 1. On the form legal acculturation can be: – an expantion, which expects forcible unilateral obtrude society or his part determined element legal system other sociuma; – an reception, under which define the unilateral process of the issue element legal system sociuma-donor with obligatory their assimilation sociumom- reception; – an assimilation, presenting itself process and result interaction, under which occurs full or practically full loss of the suit culture sociumom-reception and so full assimilation of the culture sociumа-donor; – an interference, under which understand the process and result interaction, where legal systems can actаas the donor and in swing; societyreception. 2. On territory of the spreading she is characterized as: – universal acculturation sooner is certain whole-ma vague ideal, than reality; – regional acculturation became the reality. For instance, regional european legal integration distinctly reveals itself in history to prospect. 3. On method of change process of the interaction she can be: – voluntary, under which socium, enterring in contact, strive to more deep integration on base of the transformations their own legal sistem; – forced expects the violence, obtrude sociumоm-donor of its legal system or her element socium-reception; – compelled by caused mastery (for instance, economic, have political) dominant sociumа on subordinated that brings about necessary confession of the last row legal institute main. 4. On result of the process of the interaction legal acculturation possible divide into: – an adaptation, which expects the get fat or practically get fat loss sociumоm-reception its suit culture (the cultural specificity) and full assimilation of the new culture sociumа-donor; – a transformation, as a result which occurs the partial , change of the right sociumа-reception at conservation their own base devil;– an interference, connected with cultural change each contacting sociumа; – an integration (literally association in integer of some parts) expects the mutual adjustment in process which appear new cultural-legal systems, new lifestyle; – annihilation – mutual destruction cultures contacted socium. As a result of mutual destruction, as a rule, will be born new socium, which in the following will form the qualitative new culture. 5. Depending on facilities used in process legal acculturation: – legislative – by means of legislation; – usings of the right – by means of joint legal activity, which brings about shaping cognate , usings of the right practical persons; – contractual – by means of conclusion of the agreements legal on cooperation agreements on legal help; – doctrine – a quotient by way. 6. On depth of the influence acculturation can incidences-cotton wool or separate rates, or integer institutes and branches so she can be: – full, which expects not only external, but also internal uniformity; – partial, which is limited by achievement only external monotony i.e. occurs the perception separate legal institute. 7. Depending on type of the cultures contacted socium distinguish: – traditional acculturation, which exists at interaction traditionallyreligious and usually-legal cultures; – mundane, resulting from interaction "state" legal cultures; – an between type, which appears at interaction of the cultures different civilization (east and west civilization, traditional and modern society). 8. On degree of openness of the process of the interaction her possible subdevides in: – an openning, connected with legal expantion and рецепцией and, as rule, coverring sphere publicly-legal institute; – hiding (latent) acculturation, connected with assimilation and interference and coverring sphere quotient right. 9. Depending on amount subject perceiving cultures-but-legal traditions: – mutual – a voluntary interaction, mutual exchange cultural value. – unilateral – a voluntary borrowing. 10. Shaping united legal space different way occurs In process legal acculturation. So in envybridges from ways of the realization legal acculturation it differs on: – a modernization – within the framework of which, possible select following about-cession: development of the small group modernized (overtaking) state; the overtaking development, in the course of which lagged behind overtake gone onward; the attempts modernized state to give the answers to new call on way инноваций; – internation– given way intensifies the influence of the external factor on development of the national legal system; – an unification – under which exists process of the production uniform rates of the legal regulation determined public relations, expecting removal difference in regulation cognate or related phenomenas and creating miscellaneous level universal standard of the acts 11. In dependencies of the directivities of the process legal acculturation she can be – a straight line – as a result of invasions, colonizations, migration; – indirect – through legal value, rates, institutes, judicial practical person, mass media.


Ключевые слова:

правовая аккультурация, рецепция, ассимиляция, адаптация, интерференция, трансформация

Abstract: 1. On the form legal acculturation can be: – an expantion, which expects forcible unilateral obtrude society or his part determined element legal system other sociuma; – an reception, under which define the unilateral process of the issue element legal system sociuma-donor with obligatory their assimilation sociumom- reception; – an assimilation, presenting itself process and result interaction, under which occurs full or practically full loss of the suit culture sociumom-reception and so full assimilation of the culture sociumа-donor; – an interference, under which understand the process and result interaction, where legal systems can actаas the donor and in swing; societyreception. 2. On territory of the spreading she is characterized as: – universal acculturation sooner is certain whole-ma vague ideal, than reality; – regional acculturation became the reality. For instance, regional european legal integration distinctly reveals itself in history to prospect. 3. On method of change process of the interaction she can be: – voluntary, under which socium, enterring in contact, strive to more deep integration on base of the transformations their own legal sistem; – forced expects the violence, obtrude sociumоm-donor of its legal system or her element socium-reception; – compelled by caused mastery (for instance, economic, have political) dominant sociumа on subordinated that brings about necessary confession of the last row legal institute main. 4. On result of the process of the interaction legal acculturation possible divide into: – an adaptation, which expects the get fat or practically get fat loss sociumоm-reception its suit culture (the cultural specificity) and full assimilation of the new culture sociumа-donor; – a transformation, as a result which occurs the partial , change of the right sociumа-reception at conservation their own base devil;– an interference, connected with cultural change each contacting sociumа; – an integration (literally association in integer of some parts) expects the mutual adjustment in process which appear new cultural-legal systems, new lifestyle; – annihilation – mutual destruction cultures contacted socium. As a result of mutual destruction, as a rule, will be born new socium, which in the following will form the qualitative new culture. 5. Depending on facilities used in process legal acculturation: – legislative – by means of legislation; – usings of the right – by means of joint legal activity, which brings about shaping cognate , usings of the right practical persons; – contractual – by means of conclusion of the agreements legal on cooperation agreements on legal help; – doctrine – a quotient by way. 6. On depth of the influence acculturation can incidences-cotton wool or separate rates, or integer institutes and branches so she can be: – full, which expects not only external, but also internal uniformity; – partial, which is limited by achievement only external monotony i.e. occurs the perception separate legal institute. 7. Depending on type of the cultures contacted socium distinguish: – traditional acculturation, which exists at interaction traditionallyreligious and usually-legal cultures; – mundane, resulting from interaction "state" legal cultures; – an between type, which appears at interaction of the cultures different civilization (east and west civilization, traditional and modern society). 8. On degree of openness of the process of the interaction her possible subdevides in: – an openning, connected with legal expantion and рецепцией and, as rule, coverring sphere publicly-legal institute; – hiding (latent) acculturation, connected with assimilation and interference and coverring sphere quotient right. 9. Depending on amount subject perceiving cultures-but-legal traditions: – mutual – a voluntary interaction, mutual exchange cultural value. – unilateral – a voluntary borrowing. 10. Shaping united legal space different way occurs In process legal acculturation. So in envybridges from ways of the realization legal acculturation it differs on: – a modernization – within the framework of which, possible select following about-cession: development of the small group modernized (overtaking) state; the overtaking development, in the course of which lagged behind overtake gone onward; the attempts modernized state to give the answers to new call on way инноваций; – internation– given way intensifies the influence of the external factor on development of the national legal system; – an unification – under which exists process of the production uniform rates of the legal regulation determined public relations, expecting removal difference in regulation cognate or related phenomenas and creating miscellaneous level universal standard of the acts 11. In dependencies of the directivities of the process legal acculturation she can be – a straight line – as a result of invasions, colonizations, migration; – indirect – through legal value, rates, institutes, judicial practical person, mass media.


Keywords:

retseptsiya, assimilyatsiya, adaptatsiya, interferentsiya, transformatsiya


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