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"Philosophy of Education"

2019 year, number 3

CONSTITUTIONAL TRADITIONALISM AND ANTI-TRADITIONALISM IN THE SYSTEM OF RUSSIAN LAW AND LEGAL EDUCATION

M. N. Kokina
Altai State Medical University of the Ministry of Health of Russia, Barnaul, Russia
Keywords: конституционализм, правовая и конституционная традиция, правовая и конституционная культура, традиционализм и антитрадиционализм, конституционный традиционализм, конституционный антитрадиционализм, мера конституционно-правовых заимствований, правовое образование, constitutionalism, legal and constitutional tradition and culture, traditionalism and anti-traditionalism, constitutional traditionalism and constitutional anti-traditionalism, measure of constitutional and legal borrowing, legal education

Abstract

Introduction. In the era of globalization, there is an ever closer interaction of cultures of mankind, including constitutional and legal cultures of different countries. The constitutionalism that arose in the 20th century as theoretical, methodological and socio-cultural knowledge about the formation, development, as well as modern forms of the constitutional system, constitutional law in different states, examines the current urgent problem of the specifics of constitutionalism in different socio-legal cultures. Researchers in this field determine the specifics of the constitutional system, constitutional law and constitutionalism of different countries and cultures, including Western and Russian. From the conclusion that there are socio-cultural and cultural-legal features of constitutionalism, the problem arises of its study from the standpoint of traditionalism and anti-traditionalism, which is the subject of this paper. Methodology and methods of the research. Dialectical methodology, systematic approach, axiological approach, methods of interrelation of historical and logical, induction and deduction, comparative studies in constitutional law and philosophy of education. The results of the research. A comprehensive approach to the study of constitutionalism based on a systemic-dialectical examination of Western and Russian constitutional and legal cultures in philosophy and legal education is proposed. The basis of the review is an epistemological analysis of the problem using a dialectic pair of categories «traditionalism - anti-traditionalism». The author’s definition of traditionalism and anti-traditionalism is proposed in relation to the issues of modern constitutionalism. The use of axiological and comparative approaches made it possible to identify differences in the content and essence of constitutional traditionalism and constitutional anti-traditionalism in different constitutional and legal cultures. The question of the measure of foreign cultural borrowing in the processes of global transformation of constitutionalism in different countries, including the Russian one, has been raised. It is substantiated that the acquired innovative knowledge should be included in the relevant academic disciplines of professional legal education. Conclusion. In the 21st century, in the era of globalization, in the context of growing ambiguous interactions of the constitutional and legal reality of different countries, the study of legal and constitutional cultures, constitutionalism from the standpoint of paired categories of traditionalism and anti-traditionalism acquires important epistemological, axiological, praxeological and pedagogical significance. The main scientific and philosophical conclusions should be included in the relevant programs of legal education in the process of its modernization.