The System of Legal Communication: An Emergent Reality

Introduction. The paradigm prevailing in domestic science, which defines the system of law through its internal structure (norms → institutions → branches), is based on terminological confusion. From the perspective of general systems theory: Structure is the internal form of a phenomenon, a stable configuration of connections between its parts. A System is a delimited set of interacting elements forming a new quality and integrity. Consequently, a legal norm, being itself a complex formation (hypothesis, disposition, sanction), cannot be the primary element of the legal system. A deeper, ontological basis needs to be identified.

Methodology and materials. The methodological foundation of the research is a synthesis of domestic communicative-dialogical approaches (A. V. Polyakov, I. L. Chestnov), the model of the threedimensional concept of law (S. S. Alekseev), and the meta-theory of legal technique (M. L. Davydova). The study proposes a paradigmatic shift in the understanding of law through the concept of law as an emergent reality.

Results and Discussion. As an alternative, a triatomic model of the legal system is proposed, where the primary elements are: 1) scopes of rights and obligations as the substance of regulation, 2) sources of obligatoriness as the driving force, and 3) normativity of consciousness as the environment for the existence of law. Law emerges at the point of intense interaction among three ontological elements: scopes of rights/obligations, sources of obligatoriness, and normativity of consciousness. The normativity of consciousness acts as a catalyst for law-genesis, transforming static structures into a living legal reality.

Conclusions. Legal reality cannot be reduced to the sum of its elements — it emerges as a new quality when a critical mass of interaction among scopes of rights, sources of obligatoriness, and normativity of consciousness is achieved. This emergent property explains why law is simultaneously objective and subjective, stable and dynamic. Law is an emergent phenomenon.

1. Alekseev, S. S. (1981) General Theory of Law: in 2 volumes. Vol. 1. Juridical Literature. 361 p. (In Russ.)

2. Alekseev, S. S. (1982) General Theory of Law: in 2 volumes. Vol. II. Juridical Literature. 359 p. (In Russ.)

3. Davydova, M. L. (2009) Legal Technique: Problems of Theory and Methodology. VolSU Publishing House. 318 p. (In Russ.)

4. Davydova, M. L. (2010) Normative-legal order. Nature, typology, technical and legal design. Legal CenterPress. 224 p. (In Russ.)

5. Polyakov, A. V. (2004) General Theory of Law. Problems of Interpretation in the Context of the Communicative Approach. St. Petersburg State University (Publishing House). 863 p. (In Russ.)

6. Polyakov, A. V. (2021) The Principle of Mutual Legal Recognition: Russian Philosophical and Legal Tradition and Communicative Approach to Law. Proceedings of the Institute of State and Law of the RAS. Vol. 16, No. 6. Pp. 39–101. (In Russ.)

7. Chestnov, I. L. (2012) Postclassical Theory of Law. Jurisprudence Series. Alef-Press. 649 p. (In Russ.)

8. Chestnov, I. L. (2016) Constructivist Paradigm in Jurisprudence. News of Higher Educational Institutions. Jurisprudence. No. 2 (325). (In Russ.).