The “Tradition of Borrowing” and the Development of National Law
The article is devoted to the topic of borrowings in law, its comparative legal aspect, concretization and structuring of its content through setting scientific tasks and determining ways to solve them. Scientific hypotheses have been formulated that require development, taking into account the conclusions and judgments outlined in the article. These include assumptions about the special nature of reproduction and the repeatability of the practice of borrowing in law, its reflection of the objective process of the evolution of law; the complexity of the phenomenon of legal borrowing and the heterogeneity of their manifestations; the scientific validity of their differentiation into voluntary and imposed, correct and incorrect, direct and reverse (return); the possibility of practical borrowing of technologies of legal transformations — reforms and modernizations; the need to improve mechanisms for protecting the national legal order from the expansion of foreign legal models. Attention is drawn to the ideological potential of the topic under consideration and the fundamental importance of legal ideology for the domestic legal system.
Authors
- T. Ya. Khabrieva (ORCID: https://orcid.org/0000-0002-6190-6338)
Institutions
- The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Publication Details
- Journal
- Journal of Foreign Legislation and Comparative Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.61205/jzsp.2025.3.1
- Primary Topic
- Chinese history and philosophy
- Type
- article
- Field-Weighted Citation Impact
- 0.00