One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

Аннотация

In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author's opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there are continued processes of genesis of autonomous, socially out-differentiated spheres for activities and of normative programs and criteria of juridical rationalization of human emotions and actions. In the light of such ideas the general theory of law can obtain its justification from the standpoint of structuralism. This theory cannot be identified or confused with the classical theory of division of powers and with the functionalist division of competences of the state organs in the way this division is formulated in the constitutional law. The author insists that there is an ongoing process of informative, communicative and theoretical comprehension of legal rules and of modalities of their validity. Such rules shall be orientated toward constantly renewed tasks and values which are legally protected in order to enable individuals and collectivities to choose and to adopt socially adequate, legally correct decisions and to develop correct processes, procedures and ways of resolutions of problems. These processes make the general theory of law to revise and to re-define the current ideas and conceptions.