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Коммуникация и действие права в концепции А.В. Полякова
The subject of this article is the discussion over various aspects of the validity of law in the communicative theory of A.V. Polyakov. The author states the presence of two competing understandings of the validity: the sociological validity, which regards the factual acceptance of law by subjects as a basis for their communicative acts, on the one hand, and the axiological validity, which establishes mutual recognition as the highest value of law and the condition for the mandatory nature of its provisions, on the other hand. The lack of distinction between these understandings of legal validity in the communicative theory is compensated for by the use of the polysemantic term ‘recognition’, which, depending on the context, can mean either actual behavior or value judgement.