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Article

Рецензия на книгу: Bjarne Melkevik. Epistémologie juridique et déjà-droit. Paris: Buenos Books International, 2014. 121 p.

This paper is a review of a book “Legal Epistemology and Already-Law” of the Canadian legal philosopher Bjarne Melkevik. The most important ideas of this book are analyzed in this review, as well as the philosophical standpoint from which Professor Melkevik attacks the dominant ideologies and narratives of the contemporary legal philosophy. These ideologies and narratives are concealed with some dogmatic and formal categories and schemes of the traditional jurisprudence. In Professor Melkevik’s opinion, this “perverted consciousness” of lawyers results in their inability to comprehend and explain the factual existence of law which is basically represented in human communication about how to regulate their mutual behavior and how to resolve their conflicts. Professor Melkevik is persuaded that essence of law is revealed only in concrete existential situations, in narratives of human beings, in particular contracts, acts, judicial decisions. Taken out of the framework of these existential contexts, the word “law” turns out to be merely an empty entity which refers only to abstract philosophical schemes. The author of the review opines that the book of Professor Melkevik successfully combines the ideas of the European philosophical and legal traditions with some key conceptions of the Anglo-American authors (especially, the School of Critical Legal Studies). The author of the review finds a weak point of Professor Melkevik’s book in the fact that he does not sufficiently demonstrates that “just and fair” are immanently given in jural experience of human beings. A strong point of this book is coherence and audacity of Professor Melkevik’s conclusions. If law can be described with the help of the category of communication, then abandoning abstract notions and focusing on interhuman communication looks to be consistent.