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Article

Философия права Бъярна Мелкевика

This paper deals with the key ideas of the book “Philosophy of Law” by the Canadian legal thinker Bjarne Melkevik. The author considers the reflections of Melkevik about nature of legal thinking, about the object of legal philosophy. A special accent is made on the issues connected with the theory legal communication. Through this theory the Canadian thinker searches to reply to many important problems of science of law, inclusive of problems of euthanasia, national minorities’ rights, limits of liberty of speech. The Canadian researcher criticizes the postmodern views on law and defends the project of legal modern, i.e. the system of ideas which is basic for the Western legal tradition. The central place in Melkevik’s book is occupied by a description of the debates between J. Habermas and J. Rawls. The preferences of Melkevik are given to the theory of Habermas; Melkevik strongly attacks the theory of Rawls who builds his conception of law on an illusory image of a completely autonomous individuality without any need in communication with others to sustain his rights. Forwarding objections against these assumptions of Rawls, the Canadian author stresses the role of legal discourse in a free democratic society where one should look for the first existential foundations of law.