Ю. А. Тихомиров автор многих фундаментальных исследований в области теории государства и права, теории управления, конституционного и административного права. Научную деятельность сочетает с активной законотворческой

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Содержание Resume of the book by Y.A. Tikhomirov "A course on comparative jurisprudence" Заключение. Право на рубеже тысячелетий 248

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Resume of the book by Y.A. Tikhomirov "A course on comparative jurisprudence"

This is the first book published in Russia in which the author endeavoured to systematize and develop the knowledge in the field of comparative jurisprudence. The book complies and makes use of attainments and accomplishments of scientists-comparativists, characteristics of legal acts of Russia and foreign countries, international legal documents, cites methods of the comparative analysis of legislation. The book consists of a foreword, eight chapters, a conclusion and vast supplements.

Chapter I "Legal foundations of the world" contains characteristics of legal processes of normative and legal massifs of modern states. The law vividly reveals features of national and governmental phenomena. It is formed and supported by state. The law contains universally recognized world¹s principles. It is being more and more characterized by it¹s self-development together with revealing of it¹s own internal sources and impulses for development.

The combination of the above mentioned sides of the law is an initial theoretical and methodological foundation for the development of comparative jurisprudence. It complies from one point of view general legal tendencies of development reflecting a widening international cooperation, bringing together national legal systems and a new integrating role of international law. On the other hand comparative jurisprudence pays much attention to the analysis of national and governmental differences in the law, extents and stages of their possible overcoming or preserving.

The process of forming and development of the ideas of comparative jurisprudence is shown in the book beginning from the works of thinkers of Ancient, Middle Ages, The Age of the Enlightenment and ending with the ideas of modern native and foreign comparativists. Initial historically comparative accent and much wider range of modern comparison ways are quite obviously stressed in the book. Numerous materials derived from different scientific centers, books and magazines, data obtained as a result of participating in congresses, debates, mutual research and personnel training have been used for the purpose.

Chapter II "The meaning of comparative jurisprudence reveals it¹s nature.

It proves to be a promising scientific discipline developing in the framework of juridicial science and especially closely adjoining with the general theory of the law and state.

It appears to be an academic branch of science, that has it¹s subject and methods of study. Comparative jurisprudence may be considered a theory consisting of "two levels". First of all, it has quite definite aims and goals of a comparative juridical research, methodology of the study and analysis, specific methods and means of national law systems assimilation. The general part of the theory combines specific parts of comparative jurisprudence. Here "five circles" of comparison, so called "juridical families" or legal systems in federal states, legal massifs in intergovernmental associations, comparison of different branches of the law, international law as a "part of comparison" and a "legal integrator" could be marked out.

Comparative jurisprudence tasks and goal could differ, namely in informational, analytic, propagandistic, critical, etc. aspects. It¹s objects consist of juridical views, concepts, norms, acts, branches, institutions, legal systems and other formations of the law. This all foresees a possibility of widely using the results of comparative jurisprudence research during the process of the law perfection and usage for the purposes of scientific investigations and personnel training for legal organizations.

Chapter III "Methodology of comparative jurispendence" deals with an analysis of ways and methods of the research of different legal formations.

It is recommended to use them in the context of juridical development of every country taking into account legal phenomena¹s correlation.

The book presents a broad excourse into the method of comparative analysis of the legislation of the states-members of the Union of Independent States, worked out by the author.

Chapter IV "Mechanism of national legal systems assimilation" discloses forms and means of the expression of general legal tendencies of development. Ways and means of preventing juridical collisions between norms of foreign countries¹laws are described quite minutely. These methods are the ones traditionally used in international private law, so called "collision norms", etc...

Much attention was paid to the process of assimilation of national legislations in the framework of intergovernmental formations. Programmes of assimilation, "double" and other kind of agreements, coordination of concepts, talks are being used rather successfully.

Such new legal means of assimilation as modeling legislative acts are especially outlined in the book. On the basis of summarizing of foreign countries¹ and international organizations¹ as well as the Union of Independent States¹ experience new characteristics of the nature, signs, procedures of accepting and realization of model acts and their impact on the development of national legislature have been worked out.

A unification of legal norms, when corresponding codes, rules, standarts provide a uniform legal regulation on the territory of a number of states, appears to be a much higher stage of law systems¹

assimilation. An international legal assistance is also of the uttermost importance.

Chapter V "Legal families" deals with an analysis of stable legal formations, that differ from others by their features, sources, ideology and jurisdiction. They are characterized by much wider spheres of legal influence.

The look dwells upon the continental system of the law, the system of general law, socialist law and it¹s possible modem alternatives, namely, Slavic or Euro-Asian law, legal families of religious and moral orientation, the system of the North European law, Latin-American legal family.

For the first time "migratory" legal families under the research, illustrating internationalization of legal processes are marked out and italicized. Moreover all legal families are getting more and more entangled with each other.

Chapter VI "Legal systems in federal and intergovernmental associations "analyses more clearly structural legal formations. The experience of Russia, the USA and Germany was used as an example of general and specific features of legal systems at the level of federation and it¹s entities. Comparison of legal systems of republics, regions, states and districts was carried out. At it¹s basis were criterions of constitutionality of acts and activities. Confederative associations preserve a higher extent of independence of legal systems of the member-states.

Much attention in the book is devoted to the development of legal massifs in intergovernmental associations, the role of which in regulation of the general "legal space" is growing considerably. Different principles and means are used for proving of their homogenity and uniformity. Their coincidences and distinctions are especially vivid in the results of investigatious of the process of assimilation of legislatures in the Union of Independent States, European Community and in the framework of the European Council. The author used a wide range of documents of these organizations and structures.

Chapter VII "Essays on development of law branches in some countries "containes condensed comparable characteristics of the development of constitutional, civil, administrative and financial law of foreign countries. General and specific points are shown with the use of examples from Russian, German, French, British, US and Polish practices. Such kind of approach makes it possible to move aside the borders of the national law branches and to regard sources of similar branches of foreign law in a comparative way as a rule.

Chapter VIII "International law in the focus of comparative jurisprudence" is devoted to the research of a new function of the international law in the given sphere. Expanding of cooperation and coordination of different countries as well as an increasing role and authority of international organizations create favourable conditions for conducting of comparative and legal analysis in two aspects. First

of all, a comparison of national and international laws regarded as parallel and adjacent legal systems and an analysis of the correlation of their norms and collisions arising prove to be very actual and pressing problems.

Secondly, the mechanism of the realization of international legal norms in national law gives us the reason to regard the international law as an "integrator", or a "common denominator" being a criterion of the purposeful orientation of comparing and estimating of national legal systems. This is quite a prospective field of activity.

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