Zura Chikeeva1
  • 1 Kyrgyz-Russian Slavic University, 44 Kievskaya Str., Bishkek, 720000, Kyrgyz Republic

Understanding Communicative Legal Theory

2015. No. 4. P. 45–53 [issue contents]
The article is dedicated to the main features of the communicative theory of law. The works of legalscholars concerning with the development of the communicative concept of law have been analyzed.Its practical application in the legal system of the Kyrgyz Republic has been examined. Theoreticaland legal analysis of the scientific debate about the communicative theory of law determines itspersonalistic and humanitarian orientation. A feature of the communicative concept of law developedby professor A.V. Polyakov, is that it is based on an integrative approach to legal thinking. As part of thecommunicative theory of law paper is synthesizing sociological and psychological concepts of law. Theright is considered as psychological-socio-cultural integrity. Underlying this approach is the relationshipof human and his rights and duties. The article analyzes the main features of the right: the presence of entities with interdependent (correlative) rights and obligations; the presence of social recognized andgenerally binding rules of conduct. Communicative theory of law raises the question of the feasibilityof expanding the scope of the fictions of the technical and legal administration, aimed at overcomingthe conservatism of methodological tools to understand the law. At the same time, it is necessary toexplore the practical application of this theory in the context of globalization and legal convergence.In accordance with the communicative theory of law legal communication, expressed in meaningfulbehavior of people who are aware of their legal rights and duties. However, the actual relations linkingthe two entities, in their view, the rights and duties are not, if they are not normative. Communicativetheory of law has received mostly positive reviews within the scientific community. Disputable certainprovisions of the communicative theory of law is expressed as follows. Legal scholars pay attention to theambiguity of the phenomenological reduction of legal eidos, which can lead to subjective interpretationof the scholar concept (Kozlihin I.J.), the widespread use of different legal concepts borrowed fromother sciences (Y.I. Grevtsov) and wide enough the definition of rights (Romashov R.A.), etc. In general,communicative theory of law presents an interdisciplinary approach. This concept demonstrates thedevelopment of integrative approaches to legal thinking in modern jurisprudence.
Citation: Chikeeva Z. (2015) O ponimanii kommunikativnoy teorii prava [Understanding Communicative Legal Theory]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 45-53 (in Russian)
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