| Issue |
E3S Web Conf.
Volume 282, 2021
International Conference “Ensuring Food Security in the Context of the COVID-19 Pandemic” (EFSC2021)
|
|
|---|---|---|
| Article Number | 08005 | |
| Number of page(s) | 7 | |
| Section | Training of Specialists for Agriculture, Fisheries, as Well as the Food and Processing Industry | |
| DOI | https://doi.org/10.1051/e3sconf/202128208005 | |
| Published online | 05 July 2021 | |
Agrarian society in transition: The adaptive potential of law
Russian Presidential Academy of National Economy and Public Administration, Ekaterinburg, Russia
* Corresponding author: trs-2008@yandex.ru
Agrarian society is considered in terms of the functional role of law in ensuring the adaptation of individuals and social strata (estates) to the transformations that occur in its transition to an industrial (modern) state. The universal functionalism of law is described as the most important integrating factor of agrarian society in the transition era. The special importance of civil law in realization of adaptation function of law is revealed. The dualism of positive and customary law, the reasons of its formation in agrarian society and its stabilizing influence on social and class structure and its stability are analyzed. The peculiarities of civil-legal dualism in Russian agrarian society are determined. The ways of possible transformation of legal dualism in the course of system transformation of Russian society in the second part of XIX - beginning of XX centuries are analysed in details. It proves that the insoluble dual structure of Russian civil law at legislative and law-enforcement levels has created significant limitations in the implementation of the adaptive function of law in the Russian transitional era.
© The Authors, published by EDP Sciences, 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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