Transcendental foundations of law in A. V. Polyakov’s communicative theory of law: Legal recognition

Abstract

Introduction. The communicative theory of law put forward in the first years of the XXI century by A. V. Polyakov received further development in the next decade due to the substantiation of the metatheoretical foundation of this theory in the doctrine of legal recognition as the transcendental basis of law. The idea of objectifi cation of law through recognition proposed by A. V. Polyakov becomes the basis of a new humanistic understanding of law, which asserts the key character of trust in legal genesis. Theoretical analysis. The development of the doctrine of recognition as the foundation of legal genesis begins with the substantiation of the idea of recognition of law. A. V. Polyakov connects the very possibility of law with the fact that interacting subjects must not only understand the boundaries of their behavior, but also continuously coordinate them with each other. In this process, each of the subjects must recognize the presence of symmetrical abilities in the counterparty, therefore, recognition is the unity of intellectual and cognitive aspects of law with emotional and axiological one, which asserts the primacy of freedom, equality, dignity and responsibility of the participants in the interaction. From this thesis A. V. Polyakov deduces four aspects of formal equality – communicative equality, normative legal equality, equality as a legal ideal and equality as conformity. Еmpirical analysis. The author considers the conceptual transition from the idea of law as recognition to the principle of mutual legal recognition. Legal recognition as a principle is based on the ontological fact of the existence of Another as a representative of the human race, recognition of the human status of Another means the acceptance by an individual of responsibilities corresponding to the rights of Another as a response to expectations about their own rights. Results. A. V. Polyakov revealed the transcendental foundations of law through the analysis of legal recognition. These data deepen the provisions of the communicative theory of law on the ontological status of law, give the doctrine of legal communication a metaphysical and existential perspective, considering a person in the unity of his / her cognitive, emotional and volitional abilities.

Keywords

• philosophy of law
• communicative theory of law
• a. v. polyakov
• law as recognition
• legal recognition
• legal communication
• human nature
• natural law