Social Law Doctrine and the Genesis of Procedural Comparative Jurisprudence 34 JCL 10:1 Social Law Doctrine and the Genesis of Procedural Comparative Jurisprudence O. V. KRESIN* Modern studies of the interaction of legal systems, in our view, rest on the idea of the sociality of law formed in Europe during the Renaissance – the foundation of the philosophy of comparative jurisprudence. The interaction of legal systems assumes the relative autonomy of the sphere of law (subject-mater). If the sphere of law is not autonomous, neither the interaction therein or the study of the last has an autonomous character. Consequently, it must be secularized, juridiied, positivized, and diferentiated from other spheres of social being or social and other knowledge. No doubt this does not mean a break in the unity of knowledge in general or of social knowledge in particular, but merely an understanding of the conditional boundaries and channels of the mutual inluence of the legal and the non-legal. The acquisition by law of its “I” in Europe would have been impossible without the socialization thereof – separation from theology, philosophy, ethics, studies of nature, and so on. Moreover, subjects are essential for interaction. If law is presumed to have a uniform and immutable metaphysical or rational foundation or perspective, this is mono-law; its speciic manifestations correlate and interact especially with this foundation and perspective, and the interaction thereof within itself has no autonomous or even material signiicance. Thus, the prerequisites of an understanding of the interaction of legal systems are: (a) the real and cognitive diferentiation of supranational legal unity (in our case, within the western Christian world), the acquisition of a stable external structurization and identiication of national and other legal systems; (b) internal structurization and identiication of legal systems – their homogenization by means of the absorption of part of the inter-subject, local, and regional law, law of personal status, assimilation of part of transnational canon and secular law, and also the precise identiication of the remaining or newly emerging unassimilated internal and external legal elements; (c) substantiation of the stability of the phenomenon of a national legal system, awareness of its legitimacy, and study and generalization of its structure. The new subjectness of law in the form of integral legal systems was necessarily formed by means of the socialization thereof – in the form of nationalization and statization. In addition, interaction in law (object) is a process. Therefore, a prerequisite for the study thereof is an understanding of law as historically, dynamically developing. Law understood * (Kyiv), кандидат юридических наук, Docent, V. M. Koretskyi Institute of State and Law, National Academy of Sciences of Ukraine; Associate, International Academy of Comparative Law; Secretary-General, Ukrainian Association of Comparative Jurisprudence; President, Ukrainian National Commitees of the International Academy of Comparative Law and International Association of Legal Science; Editor-in-Chief of journal Comparative Jurisprudence (Kyiv); Editor, Comparative Legal Studies (Kyiv).