Comparative Law and a Multipolar World

The article abstractly examines some of the problems and achievements of modern comparative studies as manifestations of the “dialogue of civilizations”, including against the background of modern problems of the formation of a multipolar world. The artificial accentuation of only one the “Western” civilization from global development trends and the concept of its hegemony prevents the productive interaction of civilizations and entails a negative impact, including on the science of comparative law. The author notes with regret that the discussion about the methods and methodology of comparative law has now been practically curtailed, compared with the one that took place during the “detente period” of the 1970s or during the end of the Cold war in the 1990s. Today, it is particularly important that the science and discipline of comparative law take into account the diversity of global legal experience, and not only focus primarily (or even completely) on the legal and especially constitutional systems of developed Western countries.Comparative legal research at the Institute of Legislation and Comparative Law under the Government of the Russian Federation has always been based on the concept of mutual influence and interpenetration of legal ideas and basic legal institutions developed by the history of mankind. Sometimes this led to authentic combinations of universal and national legal systems. This approach allowed the creative team of the Institute to prepare a number of fundamental, carefully verified scientific papers in the field of comparative law. In addition, since the 1990s the Institute implements a unique project of annotated edition of the constitutions of the world. Research in the field of comparative constitutionalism was tested by practice during the Russian constitutional reform in 2020, when many scientific developments were used in the process of amending the Constitution of the Russian Federation of 1993. As a result, the updated Constitution has become more balanced, taking into account both the distinctive experience of the development of the Russian state and the achievements of global constitutionalism.The author emphasizes that the future state of the science of comparative law will largely depend on what happens to the very idea of law when the new civilizational transition is completed. The main principles of modern law — freedom, equality and justice, as well as the idea of the rule of law, should equally serve the “common good” of a diverse world.

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Publication Details

Journal
Journal of Foreign Legislation and Comparative Law
Published
2025-01-01
DOI
https://doi.org/10.61205/jzsp.2025.1.1
Citations
1
Primary Topic
Comparative and International Law Studies
Type
article
Field-Weighted Citation Impact
15.98
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article

Comparative Law and a Multipolar World

T. Ya. Khabrieva
1 citations
Journal of Foreign Legislation and Comparative Law
Comparative and International Law Studies
15.98
article

Comparative Law and a Multipolar World

T. Ya. Khabrieva
article en
1 citations

Abstract

The article abstractly examines some of the problems and achievements of modern comparative studies as manifestations of the “dialogue of civilizations”, including against the background of modern problems of the formation of a multipolar world. The artificial accentuation of only one the “Western” civilization from global development trends and the concept of its hegemony prevents the productive interaction of civilizations and entails a negative impact, including on the science of comparative law. The author notes with regret that the discussion about the methods and methodology of comparative law has now been practically curtailed, compared with the one that took place during the “detente period” of the 1970s or during the end of the Cold war in the 1990s. Today, it is particularly important that the science and discipline of comparative law take into account the diversity of global legal experience, and not only focus primarily (or even completely) on the legal and especially constitutional systems of developed Western countries.Comparative legal research at the Institute of Legislation and Comparative Law under the Government of the Russian Federation has always been based on the concept of mutual influence and interpenetration of legal ideas and basic legal institutions developed by the history of mankind. Sometimes this led to authentic combinations of universal and national legal systems. This approach allowed the creative team of the Institute to prepare a number of fundamental, carefully verified scientific papers in the field of comparative law. In addition, since the 1990s the Institute implements a unique project of annotated edition of the constitutions of the world. Research in the field of comparative constitutionalism was tested by practice during the Russian constitutional reform in 2020, when many scientific developments were used in the process of amending the Constitution of the Russian Federation of 1993. As a result, the updated Constitution has become more balanced, taking into account both the distinctive experience of the development of the Russian state and the achievements of global constitutionalism.The author emphasizes that the future state of the science of comparative law will largely depend on what happens to the very idea of law when the new civilizational transition is completed. The main principles of modern law — freedom, equality and justice, as well as the idea of the rule of law, should equally serve the “common good” of a diverse world.

Journal of Foreign Legislation and Comparative LawVol. 21(1)
The Institute of Legislation and Comparative Law under the Government of the Russian Federation (RU)
Openalex Percentile: Top 2%
Comparative and International Law Studies
15.98
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