Ukrainian legal tradition in the context of cultural memory
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
Among the significant number of approaches to the study of legal tradition (the starting point of which there is a vision of the right as a cultural phenomenon), the concept of cultural memory, offered by the German researchers Jan and Aleide Assman, attracts attention. In particular, cultural memory is characterized as a means of identification; as an integral element and component of the social and individual consciousness; how prolonged in time; as having a high degree of formalization; as related to social groups for which it is a condition of self-identification; as such, «fixation points» or «objective forms» of which are «figures of memories»: texts, images, buildings, inscriptions, etc. Its structure forms a functional and accumulative memory. At the same time, the establishment or stabilization of identity, which can be defined as political/national from a certain time, is by and large a factor in the formation and existence of both legal tradition and cultural memory. Moreover, the sustainability or duration of the existence of certain elements of cultural memory depends on the degree of its integration into traditions and how much the latter corresponds to the cultural needs of the community And the legal tradition and cultural memory can be interpreted as a special symbolic form of the transfer of cultural meanings and correlate with the notion of mentality that can be defined as the historically formed measure of the intellectual energy of a certain society, the corresponding emotional atmosphere and the psychological framework of culture, the spectrum of life positions and behavioral guidance, which Socium prefers. The Ukrainian legal tradition can be defined as an invariant, on the basis of which consist in varying degrees of co-ordinated, mostly materialized, expressions of legal consciousness, legal mentality, legal understanding, legal culture within a certain legal space, due to the plurality of society, ethnic, religious, regional variegatedness, which eventually provides its manifestations of a synthetic nature. Important in the study of legal tradition appear to be the concept of the canon proposed by J. Assaman, on the basis of which the concept of legal canon is proposed.
Authors and Affiliations
Tetiana Bondaruk
Keywords
Related Articles
- EP ID EP530931
- DOI -
- Views 75
- Downloads 0
Joint legal acts of state bodies and public organizations in the system of legal sources of URSR of the postwar period
The article is an attempt to outline the main aspects of the definition of the role and place in the sources of law of the Ukrainian SSR of the postwar period common acts of government and NGOs in view of the considerabl...
The problems of legislative definition of separate concepts in the context of the constitutional right to information
The articles aim is a critical analysis of certain concepts, law definitions in the sphere of constitutional right to information and institute of access to public information, disclosure of the shortcomings of existing...
Legal regulation of agricultural land turnover: experience of Germany and France
The complexity of the decision to launch a full-fledged agricultural land market encourag- es researchers to turn to foreign experience of legal regulation of agricultural land turnover. Taking into account a desire of t...
Ecological and legal culture as an important element to be provided in pre- venting corruption criminality in the sphere of environmental protection
The attention is drawn to the fact that corruption destroys social ground in order to ensure environmental protection. All questions related to the protection of nature, including the spread of corruption in it, shall be...
International Community as a Legal Reality of International Relations
International community being relatively a new category of international relations is characterized by its own peculiarities which make an essential influence on the historical development of these relations including th...