The Problem of Traditions and Innovations in Legal Culture in the Aspect of Socio-Cultural Dynamics

Abstract

The article presents the author’s interpretation of the problem of traditions and innovations based on an interdisciplinary approach. Referring to the works of famous domestic and foreign authors in the field of legal theory, sociology, cultural studies, and philosophy of law, the author postulates that legal culture as a part of culture is subject in its development to the same social laws as culture as a whole. Among the vectors of the problem under study, the role of tradition in preserving integrity and maintaining dynamic equilibrium in society, the relationship between tradition and innovation in distinction and the sought-after unity, and the delimitation of the concepts of tradition and modernization are highlighted. The author comes to conclusions that are significant in the context of the formation of the ideology of a multipolar world: tradition and innovation are parties to a single process of social development of legal reality; thanks to traditions, the core of culture is preserved, thanks to legal traditions, invariant elements of legal culture are reproduced; innovations arise on the basis of cultural diversity and contribute to overcoming stagnation; the category of modernization must be used in the process of comparing modern and archaic society, the category of innovation — in the process of studying static and dynamic processes of legal reality.