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Article

Коммуникативный подход и теория права

Антонов М. В., Поляков А. В., Честнов И. Л.

The authors of this article consider some issues connected with the theory of legal communication. These considerations are based on the presentations made by the authors at the German-Russian scientific symposium “Legal communication in the contemporary legal system” which took place at Law Faculty of Saint Petersburg State University on December 6, 2012. In authors’ opinion, it is not possible to explain the multifaceted reality of law with the help of monistic and unilateral theories. To arrive at an adequate explanation, one needs to refer to wider philosophical categories capable to describe societal (factual), normative, and ideal aspects of reality of law. The conception of “communication” might play this role in the contemporary jurisprudence. The idea of communication in law is deeply elaborated in the nowadays German legal philosophy, but it also is present in the Russian legal discourse. This thesis can be substantiated with reference to the work of Leon Petrazycki and of other representatives of the Saint Petersburg school of legal philosophy. Already in the first half of the XX century they formulated the problematic of legal communication and attempted to analyze it in the terms of legal philosophy of their époque. It is vital to take into consideration the opinions developed by the representatives of this school and to use their ideas as an intellectual itinerary in (re)constructing the philosophy of legal communication in Russia. This approach is also an important premise for the scientific discussions led by Russian and German legal scholars in the scope of “Petersburg Dialogue”.