Conceptual foundations of the Western communicative theory of law: Nicholas Luhmann

Introduction. The article deals with the theory of law by Nicholas Luhmann as one of the most important conceptual and methodological sources of Western communicative theories of law developed in the context of post-metaphysical thinking in social theory. Theoretical analysis. In the social system of Luhmann, communication communicates, so the concept of Luhmann belongs to the number of non-subjective ones. The legal system in this concept is formed by the diff erentiation of communications, thanks to which a legal co de arises. On its basis, specifi c communications are redefi ned, being included in the legal system. The function of the legal subsystem is to stabilize other subsystems by normalizing the expectations of counterparties and “monitoring” all subsystems. Empirical analysis. Luhmann shows that the justifi cation of law within law is impossible due to the paradox of self-application – law cannot determine whether it is itself a law. The logical paradoxicity of law does not cancel its functionality, since the basis of law is transcendent and is brought into the political system. Results.The Luhmann model of autopoiesis is not correlated with usnaturalism, since it is focused on the processes of social self-organization. It refl ects the classical explanatory schemes traditional for legal positivism, since positivization is ultimately subordinated to the transcendent political basis of law.

Communication Science VS Information Law: Theoretical Problems of the Application of the Information Approach in the Information Law

 In XX century the communication revolution have radically changed the communication space. Humanitarian science has formed its scientific model with difficulty and has spawned a new field interdisciplinary research – communication science. Legal science selected its own way of Internet research. If communication science focuses on consideration of the social aspects of the Internet, legal science is oriented to fixation of product specification Internet. Both of them have chosen source a classic informational approach. Discussion. In the information law uses the informational approach. It accentuates the category of information, leaving without attention the genus and species attributes of the processes of the communication, its structure and composition communicants. The logic of separation of the industry of information law in this methodological riverbed is based on singling out a special sphere of social space - information sphere. It unfolds information public relations, i.e. public relation, the object of which is information. However, this approach actualizes the problem of demarcation of information and noninformation public relations. It does not take into account the specifics of technically mediated relations, which are typical for the information society. Conclusion. The authors hope that the confrontation of communication and information approach in the theory of information law given place to the new methodological synthesis.

On Mediation and Legal Culture Interconnections

Introduction. Along with other alternative means for dispute settlement the institute of mediation is a feature of a sophisticated civil society, an indicator of high-level legal culture and mature economic exchange, crucial criterion of a democratic development. Meanwhile there is no widespread application of mediative procedures in Russia. Purpose. The goal of the article is to discover and to give theoretical prove to cause-and-effect relation between the development of alternative means for dispute and conflict settlement and the level of the legal culture in the society. Results. Within the methodology of the communicative science the author di scovers the matter of the mediation as a specific type of social relation on the basis of the directed information transfer. Mediation procedures application is aimed on mutually beneficial dispute settlement and is an evidence of sophisticated civil society and state of law. The main function of a mediator is to settle the conflict by the means of satisfaction of the genuine interests of the both sides. Law implementation and development of modern standard of dispute settlement and wider usage of alternative means for dispute settlement come across the great number of subjective and objective obstacles. In author’s opinion one of such problems is insufficient level of legal culture in Russian society. Conclusion. The author concludes that mediation is a new level of communication between people. Thanks to the mediation, sides of a conflict get an opportunity to be heard and to understand each other genuine needs and interests, which is the only way to reach an accordance. Owing to flexibility and optionality alternative means for dispute settlement permit to work out the most adequate conflict judgement and thus promote partner relations, develop the standard of pacific and independent settlement of conflicts by the subjects of the civil circulation. Extent to which prevalence and efficiency of the mediation has spread is a criterion of social maturity and citizens’ readiness to take personal responsibility. 

The Relationship and Interdependence of Convergence and Integration in the Economy

Introduction. The trend of globalization of the modern economy leads to the increasing relevance of convergence and integration, the relationship and interaction which do not cause doubts. Theoretical analysis. The article discusses the integration and convergence as processes of interaction between homogeneous or heterogeneous elements of different economic systems, which are closely interwoven with each other. Discusses the question of the primacy of processes of integration and convergence. The article presents economic entities of convergent and integration processes, and the levels of their development. Results. Convergence is very similar integration. Their similarity is determined by several aspects, firstly, they are conditioned by the international division of labour, secondly, they represent a form of conjugation of the interests and efforts of business entities in resolving various problems, and third, they represent a homogeneous or heterogeneous interaction of both processes. Ddialectic relationship between convergence and integration is not limited to direct connection «basis – superstructure». The author argues that convergence may act as a necessary condition for integration and its result. Also observed the emergence of new interactive elements of economic convergence and integration at the modern stage of economic development, which are innovative entrepreneurs.

On the Communicative Nature Mediation: Some Methodological Aspects

In the framework of Communication has developed an interpretation of communication as symbolic of the social process. Communication in the modern sense – it is a way of establishing contacts between the subjects and the shape of their interconnection and mutual influence, and the basis for the formation of new social practices. One type is the mediation of constructive interaction based on the transactional model of communication. Discussion of results. Practical implementation of extra-judicial dispute resolution and conciliation procedures in modern Russia is based on the understanding of their inner nature and driving mechanisms. The basis of the study of the communicative nature of the mediation made theoretical and methodological position of Communication. An analysis of the various approaches to the study of the fundamental characteristics of communication allowed to formulate the author’s understanding of mediation as a deliberate, planned communication taking place with the help of significant symbols. Mediation – a certain kind of communication, allowing to carry out cooperation partners in the negotiations to create a common sense of the common communicative action and agreement. This approach contributes to the formation of modern culture settlement of disputes and the wider dissemination of alternative means of resolving legal conflicts.