Reception of law as a form of cultural interaction

Abstract

The study’s objective is to identify factors contributing to the positive results of legal reception and generalize the concept of legal reception, revealing the close relationship of law with the culture. During the research, various scientific approaches and methods of knowledge contributed to the achievement of the intended objective. The research is based on dialectical, systemic methods and the comparative legal approach. The result of the study was the conclusion that the result of intercultural interaction is not always favorable and can have both positive and negative consequences: when the national legal system becomes inconsistent, illogical, loses the character of self-execution, up to the fatal outcome – the destruction of the legal culture of society. As the most important condition for the successful reception of law, the authors highlight the compatibility of the cultures of the donor country and the recipient country (interacting cultures). It is argued that the formation of a single global cultural, legal space does not reflect the objectively existing patterns of development of societies, and the incompatibility of different types of legal cultures is the main factor preventing the creation of global legal order in general and hindering the success of the reception of law in particular. The novelty of the research is determined by the fact that the reception of law is one of the forms of intercultural interaction and plays a significant role in the mutual penetration of legal cultures. Although the topic is one of the most popular for domestic and foreign legal science, as a rule, its study is reduced to the description of the facts of reception, in most cases of Roman law, and the number of general theoretical studies of this issue is insufficient.