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2017•Bulletin of the South Ural State University series LawOpen access

LEGAL CULTURE AND LEGAL THINKING IN THE MODERN SOCIETY

Sergey A. Kuklin

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Abstract

In the article the author analyzes the basic scientific approaches to legal thinking, represented in the modern legal literature revealing the interconnectedness and interdependence of legal thinking and legal culture as a separate legal phenomena in the modern society. The common features of these phenomena, among which the author identifies the personal aspect, the role of the carrier of legal culture and legal mentality, are examined. The author considers the peculiarities of the two levels of legal culture: a macro-level, reflecting the characteristics of the legal thinking of the whole society at this stage of development or a separate part of the social group; and the micro level – the individual level. On the example of the features of Anglo-Saxon and Romano-Germanic legal families the peculiarities of the legal mentality and legal culture are revealed, which form a special legal thinking and, in turn, are constructed by it.

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What this paper is about

In the article the author analyzes the basic scientific approaches to legal thinking, represented in the modern legal literature revealing the interconnectedness and interdependence of legal thinking and legal culture as a separate legal phenomena in the modern society. The common features of these phenomena, among which the author identifies the personal aspect, the role of the carrier of legal culture and legal mentality, are examined. The author considers the peculiarities of the two levels of legal culture: a macro-level, reflecting the characteristics of the legal thinking of the whole society at this stage of development or a separate part of the social group; and the micro level – the individual level. On the example of the features of Anglo-Saxon and Romano-Germanic legal families the peculiarities of the legal mentality and legal culture are revealed, which form a special legal thinking and, in turn, are constructed by it.

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Available abstract

In the article the author analyzes the basic scientific approaches to legal thinking, represented in the modern legal literature revealing the interconnectedness and interdependence of legal thinking and legal culture as a separate legal phenomena in the modern society. The common features of these phenomena, among which the author identifies the personal aspect, the role of the carrier of legal culture and legal mentality, are examined. The author considers the peculiarities of the two levels of legal culture: a macro-level, reflecting the characteristics of the legal thinking of the whole society at this stage of development or a separate part of the social group; and the micro level – the individual level. On the example of the features of Anglo-Saxon and Romano-Germanic legal families the peculiarities of the legal mentality and legal culture are revealed, which form a special legal thinking and, in turn, are constructed by it.

Key concepts: Legal culture, Legal realism, Empirical legal studies, Legal formalism, Law, Legal research, Legal pluralism, Legal profession

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