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Правовая культура и правовая традиция как предмет сравнительной истории права
The demand for scientifically substantiated knowledge about the history of law and the state of foreign countries in the context of the "turn to the East" and the formation of the information society requires not only to expand the "front" of special studies of individual institutions, but also to clarify the subject itself and the current methodological approach to this area of scientific knowledge. In this article, the author speaks out in favor of a comparative approach to the study of legal traditions of foreign countries. He comes to this conclusion through an analysis of the relationship between possible subjects of the history of law (law itself, legal culture, civilization, tradition), the functional and cultural approaches to the synchronous and diachronic comparison of law at the macro level, criticism of legal culture as a subject of the history of law, as well as the use of an analytical model of legal tradition consisting of the following elements: 1) bearers of tradition, 2) forms of law, the basis for its understanding, interpretation, application, 3) characteristic institutions in the most important areas of legal regulation. The introduction of the specified analytical model allows not only to clarify the subject of historical and legal research, but also to link it with comparative law, as well as to transform the history of law of individual foreign countries into a comparative (general) history of law.
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