Law: Communication or Self-Communication?
EDN: DZKMWG
Abstract
Introduction. The article is devoted to the consideration of law from the point of view of two types of communication — communication of the type «From Me — to an Other» and communication of the type «From Me — to Me», also called «self-communication».
Methodology and materials. The research is based on the works of russian and foreign scientists who consider law as a manifestation of communication, as well as the work of communication theorist Yu. M. Lotman. The research method is based on the identification of «ideal types» of communication, which make it possible to consider law as their manifestation, to analyze particular features of law as typical characteristics of a particular «ideal type» of communication.
Results and discussion. In order to consider law in the light of the ideal-type characteristics of various types of communication, three issues were elaborated: 1) understanding of law as a «From Me — to an Other» type of communication, which forms the basis of a significant number of modern studies; 2) the essence of self-communication as a type of communication that leads to the appearance of new information without direct interaction of an individual with another one and in this sense opposes to communication of «From Me — to an Other» type; 3) the application of the idea of self-communication to explanation of the characteristic features of law as a mechanism of normative regulation of social order.
Conclusions. As the study showed, despite the widespread tendency to consider law from the point of view of the «From Me — to an Other» type of communication, it is self-communication of «From Me — to Me» type, seemingly far from legal regulation, that turns out to be quite close to the essence of law in terms of its ideal-type manifestations. As far as law is the most important mechanism for stabilizing social processes, one of the most important factors for stabilization and development of law itself will be its interpretation in terms of self-communication.
About the Author
R. S. Raab
Saint Petersburg State University of Architecture and Civil Engineering
Russian Federation
Russian Federation
Ruslan S. Raab, senior lecturer of the Department of History and Philosophy of the Faculty of Economics and Management
Saint Petersburg
References
1. Antonov, M. V. (2025) Communication and validity of law in A. V. Polyakov’s Conception. The Russian Justice. No. 5, pp. 23–33. (In Russ.) DOI 10.52433/01316761_2025_05_23
2. Arkhipov, S. I. (2008) Conception of the legal communication. Russian juridical journal. No. 6 (63), pp. 7–17. (In Russ.)
3. Belov, S. A. (2022) Characteristic of legal communication: addressees of legal acts. Vestnik of Saint Petersburg University. Law. No. 4 (13), pp. 841–859. (In Russ.) DOI: 10.21638/spbu14.2022.401
4. Vetyutnev, Yu. Yu. (2014) The morphological aspects of legal communication. Pravovedenie. No. 6, pp. 110–117. (In Russ.)
5. Grafsky, V. G. (2013) Legal communication and legal intercourse. Proceedings of the Institute of State and Law of the RAS. No. 4, pp. 25–36. (In Russ.)
6. Gromitsaris, A., Krawietz, W., Veddeler, K. (2013) Legal communication in the modern legal system. Izvestiya vysshih uchebnyh zavedenij. Pravovedenie. No. 6, pp. 58–77.
7. Denisenko, V. V. (2022) The communicative function of law. Academic Law Journal. No. 3 (89), pp. 231– 238. (In Russ.). DOI: 10.17150/1819-0928.2022.23(3).231-238
8. Denisenko, V. V. (2022) Legal communication: theory of law and implementation in legal relations. Proceedings of Voronezh State University. Series: Pravo. No. 1 (48), pp. 311–321. (In Russ.) DOI: 10.17308/vsu.proc.law.2022.1/9045
9. Kovler, A.I. (2002) Anthropology of law. Norma. 480 p. (In Russ.)
10. Krawietz, W. (2011) Juridical communication in modern legal systems from the perspective of the legal theory. Izvestiya vysshih uchebnyh zavedenij. Pravovedenie. No. 5, pp. 8–26.
11. Lotman, Yu. M. (1992) On the two models of communication in the system of culture. In: Selected works on semiotics and typology of culture. Alexanra, pp. 76–89. (In Russ.)
12. Montaigne, M. (2023) Essays. AST. 1216 p.
13. Osvetimskaya, I. I. (2014) Communication as a constitutive feature of the state (in the context of globalisation). Izvestiya vysshih uchebnyh zavedenij. Pravovedenie. No. 6 (317), pp. 118–127. (In Russ.)
14. Polyakov,A.V. (2016) General theory of law: the problems of interpretation in the context of communicative approach: a textbook. Prospect. 832 p. (In Russ.)
15. Popov, V. I. (2022) Law as a means to ensure communicative practices of the state and civil society in the context of a socio-axiological approach to legal understanding. Bulletin of the Law faculty, SFEDU. Vol. 9, no. 1, pp. 43–50. (In Russ.) DOI: 10.18522/2313-6138-2022-9-1-5
16. Potemkina, O. S. (2023) Communicative function of law (general-theory analysis): the dissertation of the Candidate of Law. Saratov. 240 p. (In Russ.)
17. Razuvaev, N. V. (2014) The modern theory of law in search of post-classical paradigm of knowledge. Izvestiya vysshih uchebnyh zavedenij. Pravovedenie. No. 5 (316), pp. 136–153. (In Russ.)
18. Hoecke, M. (2012) Law as communication. SPSU Publishing House. 288 p.
19. Chestnov, I. L. (2014) Legal communication in the context of post-classical epistemology. Izvestiya vysshih uchebnyh zavedenij. Pravovedenie. No. 5 (316), pp. 31–41. (In Russ.)
20. Hayek, F. A. (1982) Law, Legislation and Liberty. Vol. 1. Rules and Order. Routledge. 180 p.
Review
For citations:
Raab R.S. Law: Communication or Self-Communication? Theoretical and Applied Law. 2025;(3):162-174. (In Russ.) EDN: DZKMWG
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