THE DETERMINANTS OF CONTEMPORARY LAW AND ORDER
THE DETERMINANTS OF CONTEMPORARY LAW AND ORDER

Summary/Abstract: The research is devoted to the analysis of the essence of the shape determinants influencing the contemporary law and order. According to the authors, the following determinants influence the formation, development and state of law and order: the predominant basic values, the processes of constitutionalization and globalization, the ratio of political forces in the state during the period of its constituting, the legal culture of society, the level of economic development of the state, the social essence of the state. The paper establishes that the change of the socio-historical epoch causes the change of social ideals, a person’s goals and the goals of human society, and accordingly, the content of values, including the legal ones. The influence of constitutionalization on law and order is related to: the implementation of the basic values of state-organized society in the Fundamental Law, and then in the sectoral legislation; the formation of appropriate institutions that will ensure the realization of these values. It is also emphasized that under democracy the correlation of political forces is manifested through the political compromise of the elites. From the axiological point of view, legal culture is manifested through the commitment of the elite and the general public to certain values. Economic progress in different countries has inevitably led to the strengthening of constitutionalism. It is concluded that the above-mentioned factors are not stable, they change due to the dynamics of social reality. In addition, the constituting of law and order is influenced (with varying degrees of influence) not by individual factors, but by their totality. Reflecting social reality, a set of factors does not mechanically act as the sum of them – under certain conditions, the factors can both strengthen each other’s deterministic influence and weaken it through the effect of neutralization.

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