RUDN Journal of Law (Dec 2018)
Factors Determining the Limits of Legal Integration
Abstract
The article is devoted to the study of the factors determining the boundaries or limits of legal integration in the modern globalizing world. All historical experience shows that the boundaries of legal integration have limits beyond which it loses its rationality and necessity. Legal integration is both a condition and a consequence of globalization processes. Capital is cosmopolitan, rational and requires free promotion of goods, services and labor, and law in modern national legal systems reveals both rational qualities and irrational characteristics connected with socio-cultural traditions and peculiarities. The author outlines the following factors that determine the limits of legal integration, highlighted by the processes of globalization: the political factor connected with the state (its essence, organization and regime of power). The fact is that globalization, primarily economic, is an objective process, it is not formed according to the plan, but the essence, form, functions of the state are the subjective choice of a nation, the ruling elite, that chooses the state's course towards harmonization and approximation of national legislations, or to closeness, protecting their legal identity. And this dictates the limits of legal integration; the social factor that determines the quality and maturity of civil society, the level of its civilizational development, as well as the system of protecting the rights of the individual; and, finally, the legal factor connected with deep legal traditions, beginning with the peculiarities of legal technique and ending with the peculiarities of legal consciousness and attitude to the law. As a result of the study, the author comes to the following conclusion: socio-cultural characteristics in all spheres of state and public life (political, economic, social) accumulate national and legal differences in law, defining its specificity and dissimilarity, which impedes modern processes of rapprochement and unification by establishing it limits. In this situation it is necessary to study and evaluate it objectively, carefully, in the interests of ensuring both nationally-special and integrative-legal principles in the general historical process of legal development.
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