Law and Counterrevolution : The Confrontation of the Western Legal Tradition

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Pavlov, Serhii:
Law and Counterrevolution : The Confrontation of the Western Legal Tradition.
Hrsg.: Lazebnyi., Leonid
Bayreuth , 2024 . - 231 S. - (Academic publication )
ISBN 978-966-667-817-4

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Abstract

The book presents the author’s understanding of the concept of legal tradition. In modern academic law there is no clear definition of the concept of legal tradition, but at the same time there are many works that consider and use this phenomenon. Based on the research by Harold Berman – “Law and Revolution. The Formation of the Western Legal Tradition”, this book is the attempt to theoretically formulate the concept of legal tradition. The central theme of the work is one of the supreme values of law – the human right to life. The Right to human life had a different value in law in each historical era. This regularity in different historical types of legal order is explained as a consequence of different points of equilibrium of positive law in the Western legal tradition. In this regard, on the one hand, the Harold Berman’s study is an empirical key for revealing the theoretical construction of the phenomenon of the Western legal tradition. On the other hand, the empirical verification of this concept is taking place in the case law of the European Court of Human Rights. In the context of this dual empiricism, the work shows that the axiology of right to human life has always been the subject of the equilibrium of positive law. The book examines the hypothesis that the Western legal tradition has entered a new era of its genesis – the Age of Confrontation. The hallmark of the new era is the confrontation between the doctrinal, normative, and reflective autonomy of law, which have a destructive effect on legal values and values of law. In contrast to Harold Berman’s six revolutions of law, the phenomenon of counterrevolution of law is considered by the researcher as a form of dissipative dynamics of positive Law. Attention is drawn to the fact that, unlike the Age of Formation, renewal and total transformation of positive law are possible in a no-revolutionary way. The proposed hypothesis that the Age of Confrontation of the Western legal tradition come to end in a result of the harmonization of the normative, reflective, and doctrinal autonomy of law. This monograph may be of interest to specialists in the field of philosophy, sociology, legal theory, and case law of the European Court of Human Rights. Also, the book may be of interest to anyone who has studied the Western legal tradition.