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Нормативное и фактическое в исследовании правовых культур
The paper examines the distinction between normative and factual aspects of legal culture and those consequences that are connected with the choice of one or another aspect for one’s research. Studying legal culture at the micro-level focuses on the peculiarities of interpretation, application, perception of norms in separate social groups, among specific individuals. The normative approach to legal culture prioritizes certain requirements to the law in terms of its compliance with one or another evaluative criterion. Here appears a risk that studies of legal culture will become dependent on evaluative judgements, as a result of which this or that legal order or its individual parts (institutions, norms, etc.) will be regarded as contrary to legal culture, which risks undermining their effectiveness. The first approach is more common in sociological-legal studies and is characteristic of positivist jurisprudence, while the second approach is more characteristic of studies in the field of legal anthropology of modern societies and is often combined with various non-positivist approaches to law.