The problem of the absorption of national legal cultures by the emerging national legal anti-culture

Abstract

The purpose of the research is to show the organizational and legal mechanism of new United States’ not powerful approach to the implementation and simultaneous convergence of its legal culture at the global level. General, general scientific and special methods were used in the research. Theoretical basis of the research are the basic laws of states, international universal and regional treaties, doctrinal works revealing the concept of legal culture, scientific articles of Russian and foreign scholars dealing with the content, preservation and transformation of legal cultures. The result of the research was a comparative presentation of the basic values of national legal cultures and global legal anti-culture; ways of “de-substantiation” of national legal cultures; ways of absorption of national legal cultures by global legal anti-culture. The novelty of the research lies in the fact that the article for the first time shows the organizational and legal mechanism of the not powerful way of replacing the global legal anti-culture with national legal cultures. For this purpose, traditional national legal cultures, as well as the global legal anti-culture, are considered in terms of their basic value content; shows ways to absorb global legal anti-culture through “de-substantiation” collective (public) and individual (personal) identities; highlights the organizational mechanism of global legal anti-culture takeover. This research contributes to the comprehension of the content, processes, and ways of forming a global legal anti-culture, as well as to the convergence of states in the vision of this problem and the search for answers to emerging challenges.

Keywords

• national legal culture
• state sovereignty
• civilizational values
• global governance