History of Legal Norms: Legal Pluralism and Communicative Theory of Law

Abstract

1) The article is about the legal pluralism as an ideological source of communicative law theories. 2) Methods. The author uses communication approach. 3) Results of research. The author considers, that communicative law theories in the short term will create independent broad legal thinking(a legal kommunikativizm). It will be capable to consider achievements of legal positivism in the description and designing of state law and to record normative system modern society in all richness of its variety taken in its entirety. Communicative law theories overcome restrictions of legal pluralism and to meet the case of “theories of the average level”. They are capable to provide the application of the modern social theory, its integration into the state and law theory. Law interpretation as regulatory communicative system provides integrity of understanding of the legal development. 4) Conclusions. Communicative law theories are applicable for reflection of modern stategenesis dynamics and system transformations of a positive law in the conditions of information society. However their heuristic potential is darkened by discussions about the legal pluralism. The author concludes that now discussion about possibility of existence of the non-state law removes a problem of unity of normative systems on a background.