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История государства и права зарубежных стран. Изменения в праве в XX в (самое важное) Directory / Lecture notes, cheat sheets Table of contents (expand) Изменения в праве в XX в In the field of law in XX century. trends that had emerged or developed in the previous period continued to operate and develop. At a higher level of civilizational development, with a significant complication of economic relations, with the growth of social, ethnic, religious contradictions, as well as in connection with the intensification of the role of the state in regulating social relations, there was an expansion of the scope of law, in particular public law, mandatory norms, partly blurring the lines between public and private law. Along with the acceleration of the development of law, “social motives” are noticeably asserted in it, new branches of law appear, for example, labor and social law; Patent, copyright, banking law, etc. are branched off from civil law. Legal and technical improvement of law with the advent of a large number of special terms, also the increase in its volume led to the fact that the mastery of the law began to require extensive specialized knowledge. The world natural-historical process was manifested in law by various, sometimes opposite, tendencies and directions of movement. The law reflected the complication of social relations, the destructive impact of certain theories, economic, political, military crises, and at the same time, the role of law in protecting human rights, in regulating economic processes, and bringing peoples together increased. Integration processes, actively operating in the world, stimulated the unification of legal norms. The trend towards convergence of the Romano-Germanic and Anglo-Saxon "families of legal systems" continued to operate. The importance of international law grew. Of particular note is the interstate unification of civil and commercial law within the European Union. At the same time, the legal systems of, for example, China, India, and Muslim countries maintained a separate, independent existence. It should also be noted that traditional law has been preserved, especially in the countries of Asia and Africa, which more clearly reveals the civilizational differences in the evolution of the legal systems of the world. In the countries that have embarked on the path of intensive development, primarily in the leading capitalist countries, in recent history there has been a further improvement of law, expressed in its approximation to an adequate reflection of the conditions and requirements of their time and the characteristics of peoples. While maintaining the important regulatory role of the law, there was a significant increase in the proportion of acts of executive power. Decrees of presidents and governments, regulations of ministries, and other administrative acts have become of paramount importance in the regulation of many social relations, which reflected the limitation of the legislative function of parliaments in the system of separation of powers. At the same time, expressing the impossibility of regulating the whole variety of the increased complexity of social relations by law, the importance of judicial practice as a source of law also increases. In legal terms, there was a significant complication of law, its norms were differentiated, acquiring a narrower focus, the scope of law increased sharply. The classical principles of law were preserved, but significantly limited - the equality of the parties in the contract, the most absolute right to private property, the inviolability of the contract. The changes affected the legal status of subjects of law. Overcoming the echoes of the past, in particular the inequality in the civil and political rights of men and women, the priority importance of individual rights was singled out and emphasized. Collectivism in pre-bourgeois law was partly limited to social motives in law. Author: Selyanin A.V. << Back: The main trends in the development of the state >> Forward: Education in Italy We recommend interesting articles Section Lecture notes, cheat sheets: ▪ Anesthesiology and resuscitation. Lecture notes ▪ Pathological anatomy. Lecture notes ▪ Childhood diseases. Lecture notes See other articles Section Lecture notes, cheat sheets. Read and write useful comments on this article. Latest news of science and technology, new electronics: The existence of an entropy rule for quantum entanglement has been proven
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