коммуникативная теория права

Philosophy of Law in the Context of Post-non-classical Science: Methodological Pluralism and the Case of Communicative Theory of Law

Introduction. The article deals with the role of methodological pluralism in the development of the communicative theory of law. The specificity of modern post-non-classical rationality determines the growth of interdisciplinary research, making new demands on the philosophy of law. In this connection, there is a question of the implementation of the principle of methodological pluralism in the communicative legal understanding. Theoretical analysis. The author examines the deductive monometological character of classical types of legal understanding, shows the barriers that block methodological pluralism. The communicative theory of law is interpreted as a post-non-classical scientific theory based on an open polylogue with various social theories and focused on the search for an integrative legal understanding. Empirical analysis. The author shows the work of the principle of methodological pluralism in the theory of communication as a key source of the communicative theory of law. The researcher analyzes the strategy of detailing the basic categorical series of communication theory by its disciplinary areas, including the communicative theory of law. Results. The author has established the methods of theoretical communication of interdisciplinary fields in the communicative theory of law, the prospects for applying the principle of methodological pluralism in the communicative theory of law, its heuristic potential for answering questions about who creates law, what tools ones uses and what consequences for the social system it leads to.

 Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 3
The Development of Law Communication Study in Russia: Problems and Prospects

The article deals with the analysis of a new interdisciplinary
research field formation in Russia – law communication
studies. Theoretical analysis. Formation of communication studies
in the space of domestic humanities began in the post-Soviet period
and was associated with the reception of the Western models of
methodological and institutional organization of knowledge about
communication. In Russia the introduction of communicative problems
in the educational process was quite fast. Communication specialty of
higher education, specialized research associations, specialized scientific
periodicals, dissertation themes were created. The main barrier
to the development of domestic communication study was making an
independent scientific discipline. It remains unresolved. Institutional
deficit determined «atomization» of research communications for a
variety of research areas, specialization subject field of communication.
The forming of law communication study was a special case of
this process. It had three stages: 1) the emergence of a new subject
area at the intersection of linguistics and jurisprudence and stable
interest in the study of law communications; 2) the establishment of
law communicative theory in the general theory of law; 3) the formation
of state information and communication paradigms with the active
participation of information law science. Results. Three disciplinary
areas that generate a substantive law communication studies field
were analyzed. This analysis showed that the sufficient conditions for
their integration into a single unit completed. Firstly, it is a common
for them tendency to interpret communication in law through its
social nature and steady feedback from non-legal sciences, which explore the modern communication processes. Secondly, it is using
of categorical apparatus and basic structural schemes of communication
study. Now development of the law communication studies as an
independent interdisciplinary research area depends on the process
of consolidation of the scientific community.

 Известия Саратовского университета. Новая серия. Серия Экономика. Управление. Право. 2015. Т. 15, вып. 3