THE CRISIS OF NATIONAL IDENTITY IN THE CONTEXT OF LEGAL MULTICULTURALISM

Abstract

The article deals with the questions of the theory of legal multiculturalism, the processes of the origin and development of the term. The peculiarities of the application of legal multiculturalism in the United States and Canada on the one hand and in the countries of the European Union on the other are analyzed. The emphasis is on the differences in his understanding, in particular, it is stressed that the crisis of legal multiculturalism in the countries of Europe is often associated with an attempt to connect the theory only with the solution of the immigration problems. The analysis of multicultural society is carried out, the reasons for the development of imperfect policy of legal multiculturalism, in particular in the countries of the European Union, are emphasized. The article deals with issues of conflict between identities and multiculturalism, proposes The analysis of multicultural society is carried out, the reasons for the development of imperfect policy of legal multiculturalism in particular in the countries of the European Union are emphasized. The article deals with issues of conflict of identities and multiculturalism, and suggests a policy of multicultural identity as one of the possible answers. In defining its process of searching for the possibility of coexistence in various cultural societies of different ethnic and national groups, emigrant communities, etc., it is emphasized that the formation of a national identity, as one of the most important collective identities, plays a leading role. In the context of national identity and prevention of its crisis in the situation of legal multiculturalism, the role of national values is emphasized. In particular, on the example of Ukraine, that in its development as a democratic law-abiding state uses not only its own assets, but borrowings from more developed legal cultures, as well. It is important to note that the role of national identity in the context of legal multiculturalism can not be overemphasized. The processes of global integration often cause the blurring of borders between existing cultural groups, and without proper assimilation and a properly applied policy of legal multiculturalism, there are either a few closed groups that do not have a proper dialogue or a single but isolated society without a nucleus in the form of a national identity. Given that legal multiculturalism as a philosophical and legal theory in its original form is one of the most likely variants of the existence of a pluralistic society, national identity is a necessary element of building a strong democratic legal state.

Authors and Affiliations

Olena Yuriichuk

Keywords

Related Articles

COMPROMISE AND CONFLICT IN THE LEGAL SPHERE

In this article, the author gives his definition of the concept of legal compromise, compromise in law, and also considers conflict in the legal sphere. He examines the main trends in the study of compromise and conflict...

GENESIS OF LOCAL TAXATION IN UKRAINE

The author has analysed the development of the legal and regulatory framework of local taxation, determined the peculiarities of fiscal and economic functions of local taxes and fees and suggested ways how to further imp...

THEORETICAL LEGAL OF THE TERRITORIAL COMMUNITY AS THE BASIS OF LOCAL GOVERNMENT IN UKRAINE

In this article, the concept, types, features of the territorial community as the basis of local self-government in Ukraine are investigated. The author determines that the term "territorial community" has long been not...

OBJECTIVE AND SUBJECTIVE FACTORS FORMING AND ADOPTION OF JUDICIAL DECISIONS

The article deals with the concept and essence of the forms and content of the court decision, the requirements for their formation and adoption, is given a characteristic that the legal process, as any system, is an obj...

REFERRING DEFINED DIRECTIONS FOR INCREASING THE EFFICIENCY OF THE FISCAL FUNCTION OF THE STATE

The article analyzes certain directions for increasing the effectiveness of the fiscal function of the state. Separate means and measures characteristic for these directions are considered. Certain features of the implem...

Download PDF file
  • EP ID EP580688
  • DOI 10.25313/2520-2308-2018-8-4262
  • Views 129
  • Downloads 0

How To Cite

Olena Yuriichuk (2018). THE CRISIS OF NATIONAL IDENTITY IN THE CONTEXT OF LEGAL MULTICULTURALISM. Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки", 1(8), 53-58. https://europub.co.uk./articles/-A-580688