Features of the philosophy of civil law in the tradition of «common law» countries

Abstract

The article is devoted to the philosophy of civil law in the tradition of the countries of «common law». It is noted that if the civil law study of the Russian (and continental) model moves primarily in an analytical way, when existing institutions are taken as a basis and are divided into component parts, then a common law lawyer rather acts in a synthetic way, collecting various configurations from existing institutions. The purpose of this study is to develop new methodological approaches to the study of the legal category “philosophy of civil law in common law countries”. To achieve the goal of the study, the complex used general scientific methods of scientific cognition, including the dialectical method, as well as the method of system analysis, the comparative legal method, and a number of others. In the course of the study, the following results were achieved and the following conclusions were made: in contrast to Russia, in common law countries, civil law is logically endowed with the following features: (1) individuals not only interact, but oppose each other, which (2) requires protection, which (3) is carried out by the judicial authorities, not so much enforcing the common interests, but protecting the private interests of the participants through individually adopted measures, from the sum of which civil law institutions grow.