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Article

Креативный плюрализм Г.Д. Гурвича (о книге Жака Ле Гоффа)

In this paper are summed up the principal ideas of a book by the contemporary French legal scholar Jasques Le Goff. This book was dedicated to analysis of the sociological conception of law by Georges Gurvitch. In the context of theoretical problems of the nowadays French labor law Professor Le Goff tries to outline a new methodological approach to law. According to Professor Le Goff, one needs to abandon both anarchist ideas about spontaneity of legal development, and the etatist legal positivism which conceives law as primarily emanating from state. Appropriate methodological tools for a correct analysis of law Professor Le Goff finds in the works of the French-Russian thinker of the 20th century Georges Gurvitch who was famous for his conception of social law. Gurvitch treated law as a form for institualization of social communication between individuals and groups. This approach can serve as a conceptual foundation for explaining the contemporary lawmaking processes in the nowadays French labor law where law to a certain extent is created without intervention of state.