Is the Civil Process an «Ideal Communicative Community»? The Idea of Discursive Ethics in Relation to Judicial Proceedings

Abstract

From the philosophical and sociological positions of discursive ethics and an ideal communicative community (K.-About Apel, Y. Habermas, A.V. Nazarchuk), post-non-classical legal understanding and theory of communicative law (A.V. Polyakov, E.V. Timoshina, M. van Hook), the civil process is considered as public communication between society, the state and individuals on the topic of the ultimate concretization of subjective law (legitimate interest). The vector of judicial communication development as a form of social management is revealed, which does not coincide with the normative foundations of argumentative discourse in philosophy and sociology in a number of parameters. A typology of models of judicial communication in civil proceedings has been developed according to the criterion of interaction of the subjects of the dispute in procedural legal relations (there are five types in total). On the basis of an interdisciplinary approach, the most promising types of civil proceedings in the domestic legal order are identified for legal modeling.