L.V. Sokolskaya. The Notion and Signs of Legal Acculturation

Abstract: In the article author probes notion and signs one of problems of cooperation of the in a civilized manner-legal systems – legal acculturation. Conducting the etymologic analysis of notion in scientific literature an author comes to the conclusion, that acculturation it is the protracted process of influencing of cultures of different group, at which contact the culture systems are perceived by properties of each other, as a result the certain “identicalness” of both cultures is formed and there is new integrity, possessing new descriptions high-quality. Comparatively recently acculturation became the article of independent researchin domestic and foreign jurisprudence. The theory of the state and right only begins to probe this phenomenon, therefore fundamental theoretical developments absent until now. And exactly fundamental acculturation researches actuality until now. Due to constantly appearing works which affect the insufficiently known or in general new aspects of this problem, the theory of legal acculturation is complemented new ideas and the same develops and perfected. As a result of the conducted research author formulated the followings conclusions: 1. Legal acculturation is determined through the categories of process and result of co-operation of the different in a civilized manner-legal systems; 2. As a process of co-operation can flow in different forms and accept voluntarily, forced or forced character, volume of term “legal acculturation” depends on that includes researcher in his maintenance. 3. Volume of term “legal acculturation” associates and with the results of legal co-operation (effective, partly effective and uneffective acculturation). If legal co-operation carried mainly one-sided character and resulted not in transformation, but to absorption of one legal system other, whether there will not be this “deacculturation.” 4. As a result of co-operation there is an origin of new integrity, possessing new properties high-quality, conditioned both properties of basic parts and origin of the new systems of connections between parts. Volume of term legal acculturation such, depends appearance on forming high-quality of new integrity, for example, of single legal space. On the basis of foregoing the following determination is formulated: legal acculturationis the long contact of the in a civilized manner-legal systems of different group, utillizing depending on historical terms various methods and methods of influence the necessary result of which is a change of primary structures of culture of contact and forming of single legal space. Further the signs of legal acculturation open up an author, distinguishing it from other forms of cultural exchange.