Archetypical Component of the Law as a Basis to Differentiate Between the Western and the Eastern Legal Tradition
- Olga Miroshnichenko
Abstract
In the article the author explores the issue of the genesis of the law as a phenomenon of objective reality differentiating it according to the principle of belonging to the western and the eastern legal tradition. The methodology basis for this research is the analytical psychology conception of Carl Gustav Jung, who considered the collective unconscious to be the basis of the human culture, which has collective, universal and impersonal nature, identical for all individuals of a certain community. We suggest differentiating the western and the eastern legal traditions in accordance with the values of the archetype criterion, which is the dominating cultural idea, and which creates the basic influence on the legal regulation on the whole and, in particular, determines the role of the law in public life and estimation of the law as a value.
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- DOI:10.5539/res.v6n4p249
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