Civilization Theory of Comparative Law

The civilizational theory of comparative law is an approach that examines the influence of unique cultural, historical, religious, and social contexts of various civilizations on the formation and functioning of their legal systems. This article analyzes the significance of the civilizational approach in comparative law, highlighting its key concepts, including legal traditions and legal families, the role of religion, morality, and philosophy, as well as social structures and norms. Special attention is paid to the application of the civilizational theory in the practice of legal transplants and legislative harmonization, as well as its impact on legal education and international policy.The conclusion emphasizes the importance of integrating civilizational perspectives to achieve a deeper understanding of national legal systems and foster intercultural legal dialogue, despite existing challenges such as the risk of stereotyping and the influence of globalization.

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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.2025.1.3
Primary Topic
Comparative and International Law Studies
Type
article
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article

Civilization Theory of Comparative Law

Акмаль Холматович САИДОВ
Journal of Foreign Legislation and Comparative Law
Comparative and International Law Studies
article

Civilization Theory of Comparative Law

Акмаль Холматович САИДОВ
article en

Abstract

The civilizational theory of comparative law is an approach that examines the influence of unique cultural, historical, religious, and social contexts of various civilizations on the formation and functioning of their legal systems. This article analyzes the significance of the civilizational approach in comparative law, highlighting its key concepts, including legal traditions and legal families, the role of religion, morality, and philosophy, as well as social structures and norms. Special attention is paid to the application of the civilizational theory in the practice of legal transplants and legislative harmonization, as well as its impact on legal education and international policy.The conclusion emphasizes the importance of integrating civilizational perspectives to achieve a deeper understanding of national legal systems and foster intercultural legal dialogue, despite existing challenges such as the risk of stereotyping and the influence of globalization.

Journal of Foreign Legislation and Comparative LawVol. 21(1)
National University of Uzbekistan (UZ)
Openalex Percentile: Top 61%
Comparative and International Law Studies
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Civilization Theory of Comparative Law — Акмаль Холматович САИДОВ · Journal of Foreign Legislation and Comparative Law (2025) | TGRS Research Map | TGRS