Religious legal systems: challenges of the modernity Cover Image

Релігійні правові системи: виклики сучасності
Religious legal systems: challenges of the modernity

Author(s): D. Lukianov
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: globalіzatsіya; relіgіynі pravovі system; relіgіyne right; глобалізація; релігійні правові системи; релігійне право

Summary/Abstract: The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American) and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

  • Issue Year: 2015
  • Issue No: 130
  • Page Range: 18-27
  • Page Count: 10
  • Language: Ukrainian
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