Understanding Communicative Legal Theory

被引:0
作者
Chikeeva, Zura [1 ]
机构
[1] Kyrgyz Russian Slav Univ, Dept Theory & Hist State & Law, Bishkek, Kyrgyzstan
来源
PRAVO-ZHURNAL VYSSHEI SHKOLY EKONOMIKI | 2015年 / 04期
关键词
communicative theory of law; legal system; law; legal validity; legal communication; teory;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article is dedicated to the main features of the communicative theory of law. The works of legal scholars concerning with the development of the communicative concept of law have been analyzed. Its practical application in the legal system of the Kyrgyz Republic has been examined. Theoretical and legal analysis of the scientific debate about the communicative theory of law determines its personalistic and humanitarian orientation. A feature of the communicative concept of law developed by professor A.V. Polyakov, is that it is based on an integrative approach to legal thinking. As part of the communicative theory of law paper is synthesizing sociological and psychological concepts of law. The right is considered as psychological-socio-cultural integrity. Underlying this approach is the relationship of human and his rights and duties. The article analyzes the main features of the right: the presence of entities with interdependent (correlative) rights and obligations; the presence of social recognized and generally binding rules of conduct. Communicative theory of law raises the question of the feasibility of expanding the scope of the fictions of the technical and legal administration, aimed at overcoming the conservatism of methodological tools to understand the law. At the same time, it is necessary to explore the practical application of this theory in the context of globalization and legal convergence. In accordance with the communicative theory of law legal communication, expressed in meaningful behavior of people who are aware of their legal rights and duties. However, the actual relations linking the two entities, in their view, the rights and duties are not, if they are not normative. Communicative theory of law has received mostly positive reviews within the scientific community. Disputable certain provisions of the communicative theory of law is expressed as follows. Legal scholars pay attention to the ambiguity of the phenomenological reduction of legal eidos, which can lead to subjective interpretation of the scholar concept (Kozlihin I.J.), the widespread use of different legal concepts borrowed from other sciences (Y.I. Grevtsov) and wide enough the definition of rights (Romashov R.A.), etc. In general, communicative theory of law presents an interdisciplinary approach. This concept demonstrates the development of integrative approaches to legal thinking in modern jurisprudence.
引用
收藏
页码:45 / 53
页数:9
相关论文
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