Kresin O. Formation of the comparative legal studies theoretical foundations in the second half of XVIII - the first third of XIX centuries: Comparative conceptualization.

The thesis based on the rethinking of known and adding into scientific circulation of many unknown sources first comprehensively examined the preconditions, context of appearance and genesis of the comparative legal studies theoretical foundations, and their early institutionalization. Among the preconditions of the comparative legal studies theoretical foundations formation singled out the shaping of the subject and object of legal sciences. The fact that natural law as the actual law disappeared from the subject of law before the early XIX century and positive law began to be seen as a self-contained, for the first time provided comparative legal research with special meaning, and determination of national legal orders as units of legal development provided these studies with objective - national law's cognition and improving. One of the preconditions for the formation of the theoretical foundations of comparative legal studies became the development of the comparative approach in the human sciences, but in the context of this study it is taken in a "removed" mode: comparative knowledge dual identity as the basis of sciences development and at the same time the base for the formation within them comparative disciplines, and critical mass accumulation of syncretic political-economic-historical-legal knowledge within the general history, cameralistics and comparative state science (comparative statistics). The author argues that due to the singling and at the same time the integration of legal science in the second half of XVIII - early XIX centuries there had been a differentiation of that syncretic knowledge and the formation of the teaching on the comparison of law, its objectives, role as the general teaching on law basis and the possibility of comparative legal disciplines (comparative jurisprudence, comparative legal history, comparative branch legal disciplines) singling. They had common theoretical foundations of gaining, synthesis and application of comparative legal knowledge. The principal approaches to the latter in the writings of scholars were not only compatible but also complementary, served as different sides of the same phenomenon. Different kinds of comparative legal knowledge institutionalization are examined - specialized cathedras in different universities and scholarly journals, Office of Foreign Legislation in France are examined. The result of the comparative legal knowledge comprehension became the formation in that period comparative scientific world-view - the teaching on national law, its peculiar and general elements, the interaction of national legal orders, immanent and procedural character of General, characteristics of Special in the legal development. This scientific world-view, in turn, became the basis for the classification of legal systems and legal map of the world construction.