Methodological Aspects of Legal Globalization.

The article analyzes the essence of methodological research of modern legal phenomena in a globalized society. The aim of the article is to conduct a comprehensive analysis of the methodology of legal globalistics by focusing on the isolation of special legal research methods that constitute the main matrix of the analysis of the state and trends of its development. It is proved that the methodology of research of globalization phenomena has a significant impact on modern legal science, since it establishes the basis for a proper analysis of the transformation of legal phenomena, processes and the system of law and legal policy. The author presents the author's system of methodology, which includes a number of specifically legal methods: the synergistic method, which indicates the uncertainty of development trends, the unpredictability of variable factors that can affect legal and social reality, and it is proven that its role is a priority, since it combines practice and theory, past, constant and future factors of society's development into a single comprehensive legal policy of effective legal regulation of global phenomena; the method of intersystem reflection (allows us to show how global norms affect domestic law and establish the reverse process of such action, using legal reflection as a means of identifying the shift of the centers of legal power); the human-oriented method consists in the emphasis of the law of a globalized society on the human personality, where the personality is determined by legal value, its rights are protected and guaranteed in a democratic state, and this method also indicates that a single ideological, ethical approach to legal regulation is being created in the global world; method of politicization of legal policy (provides for an analysis of the role of external factors, especially state and supranational institutions in the formation of the law of a globalized society); method of legal integration, which indicates the merger and combination of legal norms through international treaties and global processes; reflective method of the development of legal reality (helps in the formation of new strategies, ideologies and modern legal policy taking into account national interests and a global vision of problems). Keywords: globalization, legal regulation, transformation of society, methodology, synergetics, development trends, politicization of law, humanization of law, human rights, reflection, anthropocentrism, legal policy, legal ideology.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2025-08-31
DOI
https://doi.org/10.23939/law2025.47.010
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
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article

Methodological Aspects of Legal Globalization.

Oleksandra Belichenko
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Conflict of Laws and Jurisdiction
article

Methodological Aspects of Legal Globalization.

Oleksandra Belichenko
article en

Abstract

The article analyzes the essence of methodological research of modern legal phenomena in a globalized society. The aim of the article is to conduct a comprehensive analysis of the methodology of legal globalistics by focusing on the isolation of special legal research methods that constitute the main matrix of the analysis of the state and trends of its development. It is proved that the methodology of research of globalization phenomena has a significant impact on modern legal science, since it establishes the basis for a proper analysis of the transformation of legal phenomena, processes and the system of law and legal policy. The author presents the author's system of methodology, which includes a number of specifically legal methods: the synergistic method, which indicates the uncertainty of development trends, the unpredictability of variable factors that can affect legal and social reality, and it is proven that its role is a priority, since it combines practice and theory, past, constant and future factors of society's development into a single comprehensive legal policy of effective legal regulation of global phenomena; the method of intersystem reflection (allows us to show how global norms affect domestic law and establish the reverse process of such action, using legal reflection as a means of identifying the shift of the centers of legal power); the human-oriented method consists in the emphasis of the law of a globalized society on the human personality, where the personality is determined by legal value, its rights are protected and guaranteed in a democratic state, and this method also indicates that a single ideological, ethical approach to legal regulation is being created in the global world; method of politicization of legal policy (provides for an analysis of the role of external factors, especially state and supranational institutions in the formation of the law of a globalized society); method of legal integration, which indicates the merger and combination of legal norms through international treaties and global processes; reflective method of the development of legal reality (helps in the formation of new strategies, ideologies and modern legal policy taking into account national interests and a global vision of problems). Keywords: globalization, legal regulation, transformation of society, methodology, synergetics, development trends, politicization of law, humanization of law, human rights, reflection, anthropocentrism, legal policy, legal ideology.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 12(47)
Openalex Percentile: Top 73%
Conflict of Laws and Jurisdiction
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