Sunegin S. To the question about the definition of the basic prerequisite of modern law convergence
The article is devoted to the study of the basic prerequisites of modern law convergence. It is pointed out that modern law convergence is determined by the economic factor that is expressed in the free market model. The author substantiates the idea that law convergence can be effective only when it is based on the spiritual component of the corresponding culture, primarily in its moral-religious system of coordinates.
According to the author, law convergence can be effective only if two requirements are met, namely: 1) firstly, if the relevant principles or factors that lead to law convergence and direct its relevant processes in a direction for development in the countries, historically evolved within a single coordinate system, which is determined by both spiritual and material, including natural parameters; 2) secondly, the effectiveness of law convergence directly depends on the definition of its proper basis or the main one, which is a kind of “locomotive” of its implementation (for example, economy, culture, etc.).
The main ideological-and-valuable prerequisite for the implementation of modern law convergence is the unconditional priority of individualism over collectivism, and material over spiritual, in connection with which the convergence of national law orders among themselves occurs, first of all, in economic relations based on the principles of a free market. At the same time, such a convergence requires its moral-religious and politico-ideological justification, which always, as well as the economy and culture as a whole, have a specific historical specificity within a certain society and the state, which causes the objective impossibility of uniting in a single whole civilizations with unequal moral-religious coordinate systems without simultaneous loss of a corresponding identity of one of them and its dissolution in certain abstract-illusory formulas.
The installation of individualism and its impenetrable priority over collectivism sooner or later inevitably leads to social regression, social degradation, because it is based on the opposition of what is actually the only organic whole. After all, every person can show the individuality and originality inherent in her only in society and in the state, that is, in a certain collective consciousness, by means of which one can, in particular, evaluate the individual actions, activities of the person, their intentions and motives, etc. The consolidation of the unconditional primate of the individual over the collective leads to unreasonable artificially created division of man and society, state and citizen, to their alienation, hostility in relation to each other. If the state is a form of organization of society, then it forms the rights and duties of man, including the so-called “natural rights”, but such a design is carried out taking into account the entire palette of spiritual and material factors of national life, which in its particular combination form the very state, forming with it the only substance. And in this sense, the so-called universal or universal values, such as, in particular, human rights and freedoms, acting as the legal “locomotive” of modern law convergence, covertly conceal attempts by individual entities to impose on all societies and states that execute them, a well-defined special system of socio-regulatory coordinates, including morals and religions.
Law convergence in its external aspect, that is, in the context of the convergence of different national law orders, can be justified and effective only if the corresponding state-organized societies have historically evolved within the same spiritual parameters, presented primarily in the peculiarities of the religious outlook. After all, religion itself is the spiritual basis of a society and state, and it is capable of fully justifying the complete relationship between real and ideal, absolute (metaphysical), and relative (empirical). Any sociocultural system always finds the appropriate justification in the features of a religious outlook that, due to historical causes, is not and cannot be the same or universal in the whole world.
Key words: law convergence, moral, religion, economy, policy, state.