Article | Models of Understanding the Legal Reality in the Contextof the Communicative Paradigm of Law |
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Authors | Maksymov S. |
Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1-2 / 2014 |
Pages | 291 - 303 |
Annotation | The paper attempts to identify the possibilities and limits of applicationof concepts «classical» and «non-classical» regarding understanding of law in situationof searching methodological identity by the post-Soviet jurisprudence. Based on theapplication of the concept of legal reality assign basic models of its comprehension:objectivist, subjectivist and intersubjective. The feasibility of identification as nonclassicalonly the latest model is proved.In the final part of article polemics with Professor A. Polyakov is conducting, inresponse to his criticisms of certain provisions of the conception of legal reality. It isconcluded about the mutual complementarity of the legal reality and legal communicationconceptions, based on the intersubjective recognition of the Other. |
Keywords | legal reality, methodological models, classical and non-classicalunderstanding of law, objectivity, subjectivity, intersubjectivity, legal communication. |
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