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Article

Мягкое право в современном правовом дискурсе

Журнал российского права. 2013. № 5, 9. С. 37, 43-48, 51.

This paper is an attempt to understand the causes of appearance of the term “soft law” in modern legal discourse. Found common communicative attributes of the phenomena of “law” and “soft law”, which allows at the same time distinguishing both from other social commitments. It is shown that soft law should be seen as a kind of law in a polycentric legal system. The idea of a polycentric legal system appeared in legal discourse in connection with the exhaustion of “capacity” of the legal apparatus of the state. The way to ensure the rule of law principle in a polycentric legal system is considered.