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The concept of «legal culture» has been the subject of academic legal research over the past half century. It has attracted special attention in the postmodern research field, which is more interested in overcoming the limits of positivist legal analysis and is much better prepared for the challenges of interdisciplinarity. The concept of «legal culture», despite its inherent vagueness, is valued in the academic environment for its ability to broaden and deepen the understanding of national and regional legal systems and their components, to act, on the one hand, as evidence of legal uniformity and, on the other hand, of cultural difference, to emphasize legal identity and postulate the legal identity of individual human communities. The perception of law in its cultural determination takes researchers beyond the scope of exclusively legal texts and makes them sensitive to different models of legal thinking, assumptions, behavior and practices inherent in certain human communities. The concept of «legal culture» emphasizes the specific cultural ties that underlie a particular legal community. The obvious advantage of highlighting the legal and cultural uniformity of a certain group is its integrative functions: legal systems (subnational, national, integration or international) based on different legal concepts, rules, institutions and procedures can be linked at the legal and cultural level. The importance of legal and cultural analysis stems not only from the recognition of the existence of different levels of legal and cultural unity, but also from the need to observe the legal and cultural dynamics that exist within and between different legal cultures. This is due to the fact that legal culture can be constructed, deconstructed and reconstructed, and has a significant potential for evolution. The borders of legal culture are usually open to change (the process of Europeanization proves the validity of this conclusion), although this process is not fast and difficult to recognize as easily controlled. Legal traditions, as the core of national legal cultures, have undergone significant changes since the Second World War under the influence of modernization, industrialization, globalization and regional integration. The success of European legal integration and the process of European unification as a whole depends not only on artificial, top-down, harmonized or unified legislation, but also on the success of the process of forming a common European legal culture as a result of the Europeanization of 27 national legal cultures and, in particular, national professional legal cultures. In order for a meaningful and truly unified European legal order to be formed, it must be based on a European legal culture. Effective legal Europeanization directly depends, first, on the formation and perception by the societies of all 27 Member States of a system of common values, principles, ideas, ideals, models of legal argumentation, doctrines, theories, concepts, behavior and practice; second, on full compliance with the principles of EU law and direct application of EU law in the legal systems of the Member States, through the harmonization of national legislation with the provisions of EU law, as well as through formal judicial harmonization. Effective and equal application of EU law is directly conditioned by the formation of European judicial culture.

Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

1. The goal : knowing the soul and spirit of U.S. legal culture through the experience of the common law -- 2. The always and already comparative nature of "foreign" law -- 3. Comparative law applied : the subtle differences between civil law and common law in study and practice -- 4. The historical reference frame of "kingless commonwealths on the other shore of the Atlantic" -- 5. The social reference frame : cultural practices we call "law" -- 6. The language reference frame -- 7. The philosophy reference frame -- 8. The disciplinary reference frame -- 9. The mechanistic reference frame.

The article considers the classification of legal culture by species, depending on the subjects, its carriers on social, group and individual, certain levels (ordinary (everyday), professional, scientific and theoretical) defines its functions, which are the basis for the specialist to perform basic and ongoing activities, that is, professional responsibilities. The functions are: legal support for the process of becoming a new statehood, development and transformation of legal reality (cognitive-transformative), value-normative, legal-educational, communicative. It is proved that the function of legal support of the process of becoming a new statehood is ensured in various ways, in particular, the formation of legal knowledge, beliefs, habits, etc., that ensure their legitimate, socially active behavior in the legal sphere. It is important to develop the skills of legal activity of citizens and society as a whole, to reform the entire legal system. The cognitive-transformative function of the legal culture of a society is connected with the task of building a rule of law, which involves those crisis processes that take place in the economy, politics and society. The value and normative function of the legal culture of a society is aimed at ensuring the stable, harmonious, dynamic and effective functioning of all elements of the legal system. This function of legal culture is realized by means of the norms of law, which are needed by every citizen for their successful adaptation within the state. The value-normative function of the legal culture of society encompasses a variety of phenomena and facts that are reflected in human actions, social institutions, etc. Educational function of the legal culture of society is expressed in the development of legal qualities of the individual. The transformation of legal prescriptions, norms of law into habit, into a natural regulator of the citizen's activity presupposes that they have been mastered by a person and have become his inner conviction. An important place among the functions is the communicative function. With the help of the institutes of society's legal culture, political and legal interconnection between the state and the individual, between all elements of political, legal systems, nations, social groups is carried out. Thanks to the mechanism of action of this function, the continuity in the development of the legal culture throughout the development of our society is carried out. These functions are interconnected and interdependent, complementing and enriching each other. They reproduce the real process of legal culture functioning. It has been established that the problem of the separation of the legal culture functions continues to be relevant and requires new research to be carried out in the context of analyzing the systemic links between the legal culture of both – society and the individual. Without analyzing the functional role of legal culture, it is impossible to understand its content and the patterns of development. ; У статті на основі класифікації правової культури на види залежно від суб'єктів, на суспільну, групову та індивідуальну, рівнів (звичайний (буденний), професійний, науково-теоретичний) визначено її функцій, які є фундаментом для виконання фахівцем своїх основних і постійних видів діяльності, тобто професійних обов'язків. Установлено, що проблема виокремлення функцій правової культури залишається актуальною і вимагає нових досліджень, у контексті аналізу системних зв'язків правової культури як суспільства, так і особистості.

The article considers the classification of legal culture by species, depending on the subjects, its carriers on social, group and individual, certain levels (ordinary (everyday), professional, scientific and theoretical) defines its functions, which are the basis for the specialist to perform basic and ongoing activities, that is, professional responsibilities. The functions are: legal support for the process of becoming a new statehood, development and transformation of legal reality (cognitive-transformative), value-normative, legal-educational, communicative. It is proved that the function of legal support of the process of becoming a new statehood is ensured in various ways, in particular, the formation of legal knowledge, beliefs, habits, etc., that ensure their legitimate, socially active behavior in the legal sphere. It is important to develop the skills of legal activity of citizens and society as a whole, to reform the entire legal system. The cognitive-transformative function of the legal culture of a society is connected with the task of building a rule of law, which involves those crisis processes that take place in the economy, politics and society. The value and normative function of the legal culture of a society is aimed at ensuring the stable, harmonious, dynamic and effective functioning of all elements of the legal system. This function of legal culture is realized by means of the norms of law, which are needed by every citizen for their successful adaptation within the state. The value-normative function of the legal culture of society encompasses a variety of phenomena and facts that are reflected in human actions, social institutions, etc. Educational function of the legal culture of society is expressed in the development of legal qualities of the individual. The transformation of legal prescriptions, norms of law into habit, into a natural regulator of the citizen's activity presupposes that they have been mastered by a person and have become his inner conviction. An important place among the functions is the communicative function. With the help of the institutes of society's legal culture, political and legal interconnection between the state and the individual, between all elements of political, legal systems, nations, social groups is carried out. Thanks to the mechanism of action of this function, the continuity in the development of the legal culture throughout the development of our society is carried out. These functions are interconnected and interdependent, complementing and enriching each other. They reproduce the real process of legal culture functioning. It has been established that the problem of the separation of the legal culture functions continues to be relevant and requires new research to be carried out in the context of analyzing the systemic links between the legal culture of both – society and the individual. Without analyzing the functional role of legal culture, it is impossible to understand its content and the patterns of development. ; У статті на основі класифікації правової культури на види залежно від суб'єктів, на суспільну, групову та індивідуальну, рівнів (звичайний (буденний), професійний, науково-теоретичний) визначено її функцій, які є фундаментом для виконання фахівцем своїх основних і постійних видів діяльності, тобто професійних обов'язків. Установлено, що проблема виокремлення функцій правової культури залишається актуальною і вимагає нових досліджень, у контексті аналізу системних зв'язків правової культури як суспільства, так і особистості.

Political Science; European Union - De serie 'Werkdocumenten' omvat stukken die in het kader van de werkzaamheden van de WRR tot stand zijn gekomen en die op aanvraag door de raad beschikbaar worden gesteld. De verantwoordelijkheid voor de inhoud en de ingenomen standpunten berust bij de auteurs.

This paper begins by briefly outlining private law's evolution alongside the emergence of the Nation States; it then aims to set out the mutual influence of these concepts on national culture, tradition and identity in order to highlight the significance of the political, economic and legal as well as social and cultural contexts in which the processes of integration and Europeanisation occur. Against this background, the scope for European private law to emerge as a plural, multi-level construct and a dynamic endeavour is recognised. Building on this analysis of the significance of the diversity and commonality of cultures, traditions and identities in national private law development, institutionalised at the Union level in the principle of unitas in diversitate, the paper explores the need for a single, common European notion of culture, tradition or identity. This examination is undertaken with reference to an example, namely the evolution of the concept of consumer, from its national foundations to its engagement in Union legislation and CJEU jurisprudence. Drawing conclusions as to the need for such a common, European concept, the paper advances a plea for the recognition of a shift in the perspective of legal development, to one which acknowledges the dynamic evolution of private law within a pluralist, multi-level regulatory construct.