General theory of law in the integrate context: the continuation of the dialogue: (devoted to the second edition of the manual A. V. Polyakov “General theory of law: problems of interpretation in the context of the communicative approach”)

Abstract

On the one hand, the author appreciates the integrate and communicative approaches, developed by A. V. Poyakov. On the other hand, the author considers it necessary to continue the dialogue about these approaches with a view to their improvement, as well as the dialogue on the problems and the prospects of the Russian theory of law in the light of these approaches. The reason for the article was the release of the second edition of the textbook of A. V. Polyakov “General theory of law. A course of lectures”. It is examined the relevance of this edition. This relevance is due to persistence in the general theory of law of dominant positions of statism, positivism, as well as the theory of natural law. Both that, and another, and the third significantly limits the legal communication, makes it imperfect. The author examines the philosophical and methodological novelty, as well as the advantages of the A. V. Polyakov`s tutorial in light of accents made the new edition. Chief among those accents is the concept of a full-featured legal communication. It is explored the question, why the communicative theory of law among Russian scientists caused and continues to cause negative assessments and sharp criticism. The reasons for such assessments include a one-sided attention to “postclassical” provisions and ignoring the neoclassical provisions that complement the latter in the works of A. V. Polyakov. The article contains suggestions for improving the integrate and communicative approaches. The most appropriate form of implementation of these suggestions, is an updated version of the system presentation of communicative theory of law in the form of a textbook or monograph. Refs 28.