En 2013 4 (5)

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25 Право и современные государства

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ER LAW MOD ANDTES A ST

SOME TRENDS IN DEVELOPMENTS IN THE FIELD OF LAW IN POST-INDUSTRIAL SOCIETIES DOI: http://dx.doi.org/10.14420/en.2013.4.5 web-site: http://bar-association.ru/

Abulfaz Guseinov, Doctor of Legal Sciences, Associate Professor, Faculty of the Theory and History of State and Law, State University of Baku. Summary.

Keywords:

The author analyses trends in developments in the field of law in post-industrial societies, such as the unification of the law based on a global phenomenon of acquiring values rooted in other cultures, known as acculturation, the standardisation of legal life across society, and legal integration. This last example means that an intrastate legal framework enters into an alliance with international legal frameworks. The article emphasises that a post-industrial future of the law requires us to reconsider some concepts, to specify notions, and to solve new problems such as, for example, that of an obligatory narrowing of different legal frameworks. It also highlights the need to consider the law with due account for changing reality and the trends of the future, to expand the scope of problems to be researched, and to develop an adequate methodology. law of the post-industrial society, standardisation of the law, legal acculturation, pluralistic law, unification of the law.

One of the major trends in the evolution of the law in post-industrial societies is its unification, which dates back to the twentieth century. A modern understanding of legal acculturation in the context of globalisation also contributes to the unification of the law. What we face is adoption, i.e. elements of a welldeveloped legal framework are transferred into a less sophisticated framework, and thus the follow-up process can be considered as reintegration. At this time, legal acculturation is acquiring a global dimension, which means that legal developments in an individual country obey internationally active principles of the evolution of the law. There are several directions for this interaction, namely the reception of ideas, notions, juridical constructions, institutions, etc.1 Such acculturation leads to legal unification. For example, the dominant streams of economic exchanges are ruled by international trade conventions and international norms. Accordingly, to meet their requirements it is necessary to apply unified laws, and to standardize law-making and law enforcement in the corresponding areas of legal life in these countries. However, the process also implies that certain legal complexities appear; these are caused by the simultaneous existence of unified norms and national 1

Ivanets G.I., Chervonyuk V.I. Globalizatsija, gosudarstvo, pravo [Globalisation, State, Law] // Gosudarstvo i pravo. 2003. No. 8. p. 91.


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