The legal systems of modern times: mutual influences, convergence and antagonisms
- Authors: Chirkin VE1
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Affiliations:
- Institute of State and Law, RAS
- Issue: No 2 (2014)
- Pages: 118-131
- Section: Articles
- URL: https://journals.rudn.ru/law/article/view/5917
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Abstract
The article discusses the relationship of global legal systems: Muslim, liberal-social capitalism and totalitarian socialism as the latter exists in five countries survived the totalitarian socialism (Vietnam, China, Cuba, North Korea (DPRK), Laos), where along with principles of socialist economy, although in different degrees (greater China, almost imperceptibly in the DPRK), there is private property and there is regulated by the State market relations, and in constitutions included provisions on human rights, the separation of powers, the rule of law, previously considered as « bourgeois» conceptions. The antagonism of the fundamentalist Muslim family law (Oman, Saudi Arabia, etc.) in a relationship with other legal systems, as well as elements of convergence of a Muslim family in the «advanced», modernizing countries (Egypt, Iraq, etc.) with other systems.
About the authors
V E Chirkin
Institute of State and Law, RAS
Email: alena_trikoz@mail.ru
The Department of Comparative Law