Law as a Socio-cultural Phenomenon: Harmonization on Basis of the Principle of Humanism

Abstract

The socio-cultural approach, which synthesizes legal and cultural knowledge on the basis of a modern understanding of the principle of humanism, actualizes the problem of harmonizing the defining characteristics of law, formed in different historical periods of development of societies/civilizations. Analysis of law from the point of view of the unity of sociality and culture, created and transformed by social practice, makes it possible to define, connect and harmonize the ideas of different communities about law and humanity, and promote inter-civilizational dialogue. The purpose of this work is to interpret (clarify, explain) law as a socio-cultural phenomenon in order to search a mutually acceptable basis for harmonizing its characteristics, determined by the specifics of life in different societies, with their inherent diversity of ideas, values, norms and institutions. The achievement to this purpose is realized through the consistent solution of tasks to identify the main socio-cultural features, meanings and traditions of law, developed in the practice of conventional pre-industrial, industrial and postindustrial communities: civilizational approach is combined with a universal typology, mainly taking into account the peculiarities of economic development. Generalization (Latin: generalis — “general, main”) — a method of identifying homogeneous characteristics of law inherent in a particular type of community, it was used as the main methodological approach in this research. Searching a mutually acceptable basis for harmonizing the characteristics of law of pre-industrial, industrial and post-industrial communities, was applied the method of socio-cultural analysis, taking into account the research principles of historical and logical, allowing us to consider law as an element of the relevant socio-cultural environment. As a result of the research, it was confirmed that modern international legal acts, liberal constitutions and law of national states do not adequately address the issues of the conflict of socio-cultural formations (“civilizations”). It is concluded the shortcomings of modern law are largely due to the inconsistency of law enforcement in upholding humanistic values, their substitution by political and/or economic interests. It is concluded that the shortcomings of modern law are largely due to the inconsistency of law enforcement in defending humanistic values, their substitution by political and/or economic interests. Harmonization of conflict characteristics of the law of diverse societies on the basis of the development and implementation of universally recognized norms can not be provided solely by good wishes of declarations, it is necessary to imperatively enforce the requirement of respect for the “life, freedom and personal integrity” of each person.