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Article

Правовая коммуникация в современной правовой системе

Громицарис А., Федделлер К., Кравиц В.

In this article the authors examine some theoretical problems connected with communication in law. The authors address not only the problems of legal communication as of a communication between legal actors, but also to the communication understood as an exchange of ideas about law. In this last sense legal communication is based on reflections about social conditions and processes. The conclusions made by the authors concern such aspects as the law of the global community, the laws of regional societies, and the correlation between legal and scientific communication. The main thesis developed and defended in this article means that certain patters of behavior which were institutionalized by law and which give reasons for both free and coerced actions are also capable of structuring law and of maintaining its validity. The theory of legal communication developed in the framework of the theory of norms and actions allows for a careful examination of all the normative and factual structures and processes through which law is created. The social mechanism of realization of these structures and processes can also be explained in this perspective. The authors explain these ideas taking as examples certain conceptions of such legal scholars as Rene Koenig or Rudolf von Ihering.