Contemporary Lawmaking in Anglo Saxon Law: Problems and Prospects

Galina B. Vlasova, Maria V.Kicha, Nikolay V. Saraev, Alla R. Shvanderova, Gennady S. Pratsko and Valery K. Tsechoev

International Journal of Economics & Business Administration (IJEBA), 2020, vol. VIII, issue 4, 778-785

Abstract: Purpose: Considering the modern law-making in Anglo-Saxon legal family, the authoresses raise several topical issues, through the prism of which the common law system appears to be a legal phenomenon. Answering the questions posed, the author pays special attention to the works of Anglo-Saxon legal scholars, judicial precedents, and archival documents. In addition, he analyzes Anglo-Saxon law from the standpoint of judicial law-making, which is of relevance to modern Russian law. The document addresses the key issues of judicial lawmaking in the Anglo-Saxon legal family. Design/Methodology/Approach: Applying best practices, we focus on five main issues that address fundamental aspects of lawmaking in the Anglo-Saxon legal family. The questions posed are of a doctrinal nature and, at the same time, are formulated considering the modern realities in which Anglo-Saxon law now functions. Findings: The results demonstrate that the Anglo-Saxon law-making objectively functions despite the legal culture of the judges of the corresponding legal family. Practical Implications: Judicial lawmaking is the basis of the Anglo-Saxon legal family and legal culture, whose evolution was conditioned by the historical and political-legal development of Anglo-Saxon law. Originality/Value. Understanding the features of judicial lawmaking in the Anglo-Saxon legal family allows us to understand the logic of one of the largest legal families in the world and contributes to integrative and globalization processes in modern jurisprudence. In addition, it determines the availability and effectiveness of international professional and political and legal communication, as well as international cooperation.

Keywords: Form of law; Anglo-Saxon legal family; common law; court; judge; judicial precedent; judicial law-making. (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:ers:ijebaa:v:viii:y:2020:i:4:p:778-785

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