Law as a Dialogue: A Comparative Analysis of the Communicative and Libertarian Paradigm of Law Understanding

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Authors: Viktor V. Bocharov
Cited by: 0

Abstract

This study addresses one of the central issues in Russian legal scholarship: the possibility of a theoretical syn-thesis between communicative and libertarian-legal paradigms. The paper examines in detail the specifics of each approach: the communicative approach is criticized for blurring the boundaries between legal and non-legal phenomena, while the libertarian conception demonstrates its strength in consistently building a hierar-chical system of legal principles rooted in the idea of formal equality. The author argues for the need for mutual enrichment between these approaches to achieve doctrinal unity in Russian jurisprudence, as well as to devel-op a unified methodological framework that ensures the stability and predictability of the legal order. The role of legal principles as a bridge between disparate conceptual constructs and the prospects for their practical implementation in judicial and legislative practice are analyzed separately.

Fields of Study & Subjects

Comparative constitutional jurisprudence studies Legal and Social Philosophy Comparative and International Law Studies

Publication details

Journal / source
Теория и практика общественного развития
Issue
1
Pages
222–227
Publication date
25 February 2026
Language
EN