The Convergence of Law: The Diversity of Discourses

Andrey Y. Mordovcev, Tatyana V. Mordovceva, Aleksey Y. Mamychev

Abstract


The problem of understanding of the essence of the convergence of law is always in one or another form observed in the Western and Russian legal science. Converging process always had an objective basis of its origin and development, was determining the content and features of the development of many national legal institutions, and also norms and principles of international law. Today, the convergence of law takes place in the framework of political and economic globalization, which, of course, stimulates the interest of researchers to this multidimensional phenomenon. Of a particular interest in this aspect are mixed legal systems, the research of which is conducted in the framework of the theory of legal convergence and has a high level of complexity due to the inevitable involvement of a wide range of different factors. The impacts of various factors, contributing to the convergence of the Romano-Germanic and Anglo-Saxon law are taking place, processes of “infiltration” of law institution are happening at the regional level and so on. The article covers key aspects of the evolution of the discourses of convergence of law from the Ancient to modern theories of mixed legal systems. The author’s findings are of great importance for the development of the theory of law, comparative law and political science at the beginning of XXI centuary.

DOI: 10.5901/mjss.2015.v6n3p262


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Mediterranean Journal of Social Sciences ISSN 2039-9340(Print) ISSN 2039-2117(Online)

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