Коммуникативная теория права в системе постнеклассической юридической науки

Abstract

The domestic communicative theory of law, developed by Doctor of Law, Professor Andrei Vasilyevich Polyakov, is an achievement of modern scientific thought not only in the field of theory, but also in the philosophy of law, since it allows combining in the process of scientific knowledge the features of the object of knowledge, subjective perception based on cultural, value and ideological guidelines and attitudes and a variety of scientific approaches. The significance of the communicative theory for the development of modern legal science determines the purpose of this study - to analyze the current view of modern society, law and scientific knowledge as self-developing and self-organizing systems under the prism of the communicative approach. For the purposes of this study, various general scientific methods of cognition were used. In particular, logical methods made it possible to analyze the historical types of scientific knowledge and legal understanding, and the systems approach determined the place of the communicative theory of law in the system of legal science. Scope of application of the results: the perception of law as a phenomenon with a complex legal structure, forming a self-developing system, and the definition of a single principle that reveals the essential multi-unity of law, allow us to formulate new approaches to modern scientific knowledge (post-non-classical science). Conclusions: a holistic view of law is formed within the framework of the communicative theory of law as a type of integral legal understanding through the integration and synthesis of jusnaturalism, sociological understanding of law and social phenomenology. The communicative approach allows us to consider law both as a state and as a social phenomenon, independent of the normative-state expression of will, and representing a system of legal communications. At the same time, the multiunity of law and the reproduction of a holistic theoretical idea of legal reality is achieved through the use of a two-dimensional model of combining the ideal semantic essence of law and the real diversity of law (forms and types of law) as the “unity of the ideal and the real”.