Methodological Approaches in the Study of Mixed Legal Systems (Using India as an Example)

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Authors: K. I. Shinkarenko
Cited by: 0

Abstract

The article analyzes the problem of methodological approaches of legal sciences applied in the study of the legal phenomenon of mixed (complex) legal systems. The appeal to the legal system of India is due to the fact that, of all the countries whose legal systems are classified as mixed in comparative law, the current Indian legal system is a unique example of normative regulation within the framework of the oldest surviving civilization, which was formed through a long process of historical development influenced by various socio-historical factors, at the same time, India is a modern democratic country, one of the leaders of the Global South, confidently moving along the path of rapid innovative technological development, in the implementation of which a significant role is given to effective legal means. Based on the con ducted research, the author concludes that the most adequate research approaches to the Indian legal system are those that fully take into account the principle of historicism based on a civilizational approach. The author shows that only by taking into account the socio-cultural characteristics of India using comparative, systemic and other methods can one obtain an effective result in understanding the essence of such a complex legal phenomenon.

Fields of Study & Subjects

Comparative and International Law Studies Historical Legal Studies and Society Comparative constitutional jurisprudence studies

Publication details

Journal / source
Courier of Kutafin Moscow State Law University (MSAL)
Issue
11
Pages
113–122
Publication date
30 January 2026