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PHENOMENON OF CIVILISTIC LEGAL CULTURE

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PDF: Author(s): E. N. Vasilyeva,
Number of journal: 1(62) Date: February 2023
Annotation:

In the article, the phenomenon of civil legal culture is characterized as the primary basis of all theoretical constructions and practices that form in their totality not only civil law practice, but also the entire legal life of modern society in general. The definition of civilistic legal culture is introduced into scientific circulation — this is an integral part of the legal and cultural system of the Russian state and society, a historically formed and developing supra-biological program of activity and behavior, which accumulates civil law practice and transmits knowledge, value orientations and social experience of private legal relations, objectively formed as a result of the independent activity of free, autonomous subjects. The list of elements of civilistic legal culture is substantiated and their brief description is given, relevant from the standpoint of further development of civil theory and improvement of civil law practice. It is shown that both civilistic theory and civilistic legal culture are primary sources of scientific and everyday ideas about law, as well as methods of resolving legal disputes in practice. It is proved that the terms “civilistics”, “civilization”, “civil law” and “culture”, with all their semantic pluralism, in one way or another indicate a person in his specifically human capacity as an autonomous, independent person, owner and subject of private interest, at his discretion disposing of private legal permits in the sphere of regulation of basic property and non-property relations. At the same time, although the concept of “civilistic” is related to the term “civilization” and is associated with cultural and historical progress, the phenomena of civilistic legal culture and legal culture are not identical at all.

Keywords:

civilistics, law, legal culture, social experience, civilistic society, civilistic law practice, civilistics law and order, property, civilization, supra-biological program of activity

For citation:

Vasilyeva E. N. Phenomenon of civilistic legal culture. Business. Education. Law, 2023, no. 1, pp. 207—211. DOI: 10.25683/VOLBI.2023.62.546.