The Communicative Theory of Law by A. V. Polyakov as a Post-Classical Anthropological Approach to Law: A Critical Analysis of Opponents' Remarks

Abstract

Introduction. Andrey V. Polyakov's communicative theory of law is an influential post-classical, anthropological approach in modern Russian legal theory that sometimes face with critical examination in academic literature. However, a significant portion of this criticism is based on a non-systemic understanding or misinterpretation of the theory's key tenets. This study aims to conduct a systematic critical analysis of the most representative criticisms of the theory.Methodology and materials. The research is based on a critical and systematic analysis of publications by following opponents of the communicative theory of law (V. V. Domakov, V. V. Matveev, L. V. Golovko, O. V. Martyshin, V. I. Kruss, A. A. Egorov, M. V. Antonov, E. N. Tonkov). The research employs logical methods (analysis, synthesis, generalization, comparison) within the methodological framework of the communicative approach itself, incorporating the principles of post-classical scientific rationality that emphasize complexity, non-linearity, and the role of the researcher in the process of cognition.Results and discussion. The criticism directed at the communicative theory of law was classified into two types: 1) apparent criticism, stemming from a superficial engagement with the theory and interpretations of its provisions taken out of context; 2)reasoned criticism, based on adeep understanding of the theory but originating from different methodological premises (primarily positivism). For each type of criticism, the article provides detailed counterarguments and comprehensive responses that clarify and defend the main theses of the communicative approach.Conclusion. The research confirms the heuristic value and methodological validity of the communicative theory of law as an effective tool for solving modern scientific and practical problems. Its key advantage is the use of anthropological approach, within which a person with his rights, freedoms and responsibilities is placed at the center of law. Law is understood not as a self-referential system, but as a phenomenon constructed in intersubjective communication, aimed at ensuring peaceful coexistence and balance between individual freedom and the commonweal, focused on social and practical significance.