On the origins of “legal nihilism” in the East (including Russia)
Abstract
Article analyzes a phenomenon of “legal nihilism” widespread on all East including Russia. The author considers, that the reasons of such appearance cannot be reduced to legal ignorance of the population, or to «bad laws», accepted by political elite (H. de Soto), or to the religious factor (Huntington, Fukuyama). The given states are characterised by special («peripheral») algorithm of historical dynamics which is opposite to the West. As a result not the Society generates Culture, on the contrary the Culture (Western) influences a traditional Society of the East, stimulating its development. According to Bocharov’s opinion the legal nihilism is generated by interaction of customary law culture, characteristic for a traditional society of the East, and legal culture of the West. In article this interaction is considered within the limits of the concept of legal pluralism.
Keywords:
legal nihilism, legal culture, legal anthropology, a customary law, a traditional society, legal pluralism
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Articles of "Vestnik of Saint Petersburg University. Asian and African Studies" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.