Genesis and evolution of establishment of a law-based state: the anthropological approach

Abstract

Introduction. At the end of the twentieth century, globalization of the economy took place: mass migration, introduction of innovations in transport and communication technologies, growth of international finance, etc. This led to critical tension in a variety of spheres: social, economic, political. The purpose of the paper is to study the features of the theories of the right state. The theoretical and methodological basis of the study are modern theories, concepts, hypotheses. Comparative and anthropological analysis is used. The methodological and information basis of the work are scientific works, materials of periodicals, information resources. Results. It is proved that it was the globalization of the world economy significantly influenced the change of theoretical approaches to the definition of a rule of law. The development of legal pluralism in the system of Anglo-American law school is analyzed. The world trends in the complexity of realization of legal pluralism are determined: re-nationalization of the noosphere, changing domains of the right registration of migration and global trade. The peculiarities of the introduction of legal documents-donors and recipient states are considered. Globalization processes require a creative search of asymmetric bonds, which lead to the creation of a social phenomenon – the law. The policy of global legal pluralism shows the deep involvement of neo-liberal legal projects of all actors. Conclusion. The epistemological understanding of the analytical concept of legal pluralism is that any form of legal configuration affects or confuses statehood, regardless of whether this manifestation of cooperation, neglect, merger. The perception of global legal pluralism restored the meaning of the state in the present fragmented and dependent form in complex multiple social systems.