The Communicative Theory of Law in the Context of Digitalization: Social Consciousness and Communicative Memory

DOI

10.2991/assehr.k.201205.065How to use a DOI?

Keywords

philosophy of law, communicative theory of law, digitalization, social consciousness, communicative memory, the other

Abstract

The article deals with the problem of communicative theory of law methodological improvement in the context of digitalization, initiating changes in law at the level of legal ontology. The authors analyzed the basic theoretical postulates of A.V. Polyakov’s communicative theory of law: the idea of the Other as a subject of law provides interiorization of powers and obligations necessary to overcome the alienness of law to a person. However, the analysis showed the non-reflexivity of the integrity of the Other as a subject of law. The authors believe that the communicative theory of law needs to reassemble the figure of the Other, taking into account not only its active rationality, but also a passive register of irrational beliefs, prejudices and pre-understandings that also motivate law communication. This combination is possible when taking into account the interaction of social consciousness and communicative memory, which plays a key role in the work of the apparatus of legitimization of law. This interaction is sensitive to the digitalization process, which provides an increase in the density of interaction with the untypified real Other in the intersubjective world of everyday life. The authors conclude that the digitalization of interactions with the Other’s figure requires the calibration of the communicative theory of law research optics in order to make it suitable to adequately reflect the increasing variability of the Other’s communicative repertoire in digitalized legal communication.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Sophia V. Tikhonova
AU  - Denis S. Artamonov
AU  - Oksana A. Somova
AU  - Taisa A. Kostritskaya
PY  - 2020
DA  - 2020/12/07
TI  - The Communicative Theory of Law in the Context of Digitalization: Social Consciousness and Communicative Memory
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 394
EP  - 401
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.065
DO  - 10.2991/assehr.k.201205.065
ID  - Tikhonova2020
ER  -