The philosophical legal family is an integral element of comparative law and the legal geography of the world. It includes the national legal systems of the countries of the Far East , of which the main or basic for this family are Chinese law , Japanese law , Korean law, as well as the legal systems of Laos , Thailand , Vietnam , Cambodia , Myanmar and Bhutan .
The philosophical legal family, in some sources, based on a geographical sign, is also called the Far Eastern legal family [1] [2] , since it operates in the region of the Far East and Southeast Asia . The term philosophical legal family was coined by the French scientist Rene David [1] .
The philosophical legal family is a unique, very ancient, and peculiar traditional legal phenomenon, where the components are not concepts familiar to a Western lawyer, but philosophical categories such as harmony and justice . Despite the fact that at present many countries of the Far East have unified their national legal systems like European ones, the society there remains traditional and prefers in most cases to resolve legal disputes out of court, so as not to violate harmony [1] .
The fundamental legal system for the entire philosophical legal family is the legal system of China . Chinese law is one of the oldest existing national legal systems, since China is one of the four cradles of human civilization .
The most important philosophical components of Chinese law are Taoism , Confucianism, and Legism . The Chinese legal system is rooted in the 16th century BC. to the era of the reign of the first dynasty of Chinese emperors Shang (Yin) . It was the development of Chinese society and the state that influenced the development of Chinese law, which had a huge impact on the formation of the legal systems of territories adjacent to China, which later became the states of today's Far Eastern region .
See also
- Chinese law
- Japanese legal system
Notes
- ↑ 1 2 3 Rene David . The main legal systems of our time. - M. , 2009 .-- S. 395-397; 398.
- ↑ Saidov A. Kh. Comparative Law . - M., 2003 .-- S. 322-323. Date of treatment August 24, 2012. Archived October 27, 2012.
Literature
- Rene David , Camilla Joffre-Spinozi. The main legal systems of our time = Les grands systemes de droit contemporains / Per. with fr. V. Tumanova. - M .: International Relations , 2009 .-- 456 p. - 3000 copies. - ISBN 978-5-7133-1340-1 .
- Saidov A.Kh. Comparative Law (basic legal systems of our time) / Ed. V.A. Tumanova. - M .: Yurist, 2003 .-- 448 p. - ISBN 5-7975-0334-4 .
- Lafitsky V.I. Comparative law in images of law. - M .: Statute, 2010-2011. - T. 1 and T.2 . - ISBN 978-5-8354-0653-1 .