Материал: disser_arhipov

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games has been reconsidered in view of the “game turn” in modern information culture and the emergence of fundamentally new types of games – multiplayer computer games, which often now include elements of virtual and augmented reality in the narrow technological sense of the word. The author substantiated a view on the presence of a connection and the methodological potential of studying such games as models of normative systems.

3)Taking into account the development of modern information culture and the need to understand social relations that are the subject of legal regulation, an assessment was made of possible communication qualifications in social reality according to the criteria of imaginary and real, serious and unserious, game and non-game. It justifies approaches to how legal conflicts related to communication, which can be characterized by various combinations of these principles, can be considered from the point of view of law itself. The philosophical, sociological and culturological quality of seriousness is defined as one of the key signs of the relevance of a social phenomena to law.

4)A system of ideas about absurdity and common sense in law is developed in terms of the operation of law, the application of law, the interpretation of law and lawmaking. Various concepts of the absurdity to the extent necessary to solve the problems of the thesis were studied. The author analyzed the system of ideas about common sense, including the Scottish school of common sense philosophy. The interpretations of this concept, differing in their nature, are generalized, which in some cases imply a reference to morality, in others – to the basic paradigm of reality shared in society, in others – to formal logic. The direct connection between the dichotomy of absurdity and common sense, on the one hand, and the semantics of the content of regulatory prescriptions, on the other, is demonstrated.

5)Certain limitations of deontic logic, used as the main tool of normativist and analytical philosophy of law in respect of revealing the criteria for defining of the conceptwords used in legal texts in the context of the methodology of analytical jurisprudence, are

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demonstrated. The toolkit of deontic logic makes it possible to structure and formalize with sufficient clarity the syntax of legal reasoning in order to study and use it. However, in principle, it does not always allow to solve problems in the “penumbra” of law that are essentially related to the deep level of semantics of law. In addition, the idea is developed that in such a situation the full-scale use of expert systems (that includes machine learning and artificial intelligence) in jurisprudence at the current stage shall pay attention to the special cases of revealing absurdity of interpretation of legal texts in the context of media reality.

A concept has been developed for the necessary and sufficient criteria for determining the semantic limits of law, which can act as the most general principles of legal semantics – the qualities of “serious” and “real” applicable to the object of social relationships, and not to the social relationships themselves. With regard to the concept of semantic limits of law, these terms should be understood in a special sense, reconstructed with the support of the idea on functional correspondence between an artifact of media reality and the “core meaning” of the concept-word used in a legal text (“reality”), and also theoretical sociology and the concept of “generalized symbolic media” (“seriousness”). The examples of application of the conception of the semantic limits of law have been developed based on theoretical modeling.

Methodology and methods of research. The main methods used in the thesis are: formal legal (dogmatic); comparative legal; the method of interpretation and problemtheoretical reconstruction; theoretical modeling; introspection; participatory observation; the method of analytical jurisprudence.

Formal-legal (dogmatic) method, which is a special method of legal research, implies the use of two components – deductive-axiomatic and hypothetical-deductive methods of reasoning, the use of which is reflected in the text of the study in an explicit or implied form. The deductive-axiomatic method of reasoning implies the analysis of the

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normative source base of the dissertation with conditional acceptance of the provisions of the current positive law as an axiom and consistent application of methods of interpretation of law. The hypothetical-deductive way of reasoning is similar to the deductive-axiomatic way of reasoning in everything, except that in the first one the hypothesis of the result of legal interpretation is used, which is then confirmed or disproved. The formal-legal method as a whole allows answering two main questions: first, what is the positive-legal regulation of certain social relations at a given moment of time; second, in which cases there is no formal certainty of legal norms. For the purposes of this study, which is focused on conceptualization and resolution of the fundamental problem of determining the semantic limits of law, the formal-legal method is of instrumental importance, since the main task of its application is to demonstrate the boundaries of this method on specific empirical examples and to correlate them with the notion of the semantic limits of law.

Comparative legal method, is also a special method of legal research and developed in the domestic and foreign doctrine of comparative jurisprudence, including the works of I.Yu. Kozlikhin; the legal phenomena of the same order relating to different legal systems are compared in order to identify similarities and differences between them. The use of the comparative legal method in this paper is conditioned by the hypothesis that the problem of semantic limits of law should be considered as universal for all legal systems.

The method of interpretation, of which the method of problem-theoretical reconstruction is a part, can be considered as the main method used to study the history of legal ideas. This method, justified by D.I. Lukovskaya, developed by A.V. Polyakov and reflected and creatively rethought in the research of E.V. Timoshina,59 implies the creation

59 A brief historiographical summary of the development of the tradition of this method within the framework of the research continuity of the Department of Theory and History of State and Law of Saint Petersburg State University can be found on the pages of the jubilee article published in 2014 on the pages of the journal “Pravovedenie”. See: Jubilee of Dzhenevra Igorevna Lukovskaya // Proceeds of Higher Education Institutions. Jurisprudence. 2014. No. 2 (313). PP. 241–242. Separately, the idea of the text “as a primary given and the starting point of any humanitarian discipline” goes back in this context to M. Bakhtin, whose works largely predetermine the understanding of the game turn in culture reflected in the domestic literature. D.I. Lukovskaya expressed the conceptual foundations of this methodology in her doctoral dissertation, see:

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of original interpretation concepts in the process of pre-requisite and contextual interpretation of the text as a primary reality of humanities.60 Within the framework of the present study, it is used mainly for interpretation and reconstruction of not general, but private concepts developed by domestic and foreign thinkers and relevant to the main problem, the solution of which is aimed at.

Theoretical modelling method in the interpretation applicable to legal research, implies, on the one hand, the creation of abstract models of social relationships, and on the other hand, models of possible norms of positive law, with the subsequent application of the latter to the former in order to create a general model of law enforcement. In the context of the goals and objectives of this study, the method of theoretical modeling is necessary to identify various examples of the semantic limits of law and to demonstrate the methodological potential of the concept developed in the dissertation. In particular, the application of the method of theoretical modeling is illustrated by the example of the application of the concept of the semantic limits of law in law-making.

Method of introspection, originally developed in psychological science, implies the observation and description of the researcher’s own values and is conditioned by the notion that in the conditions of post-classical type of scientific rationality the researcher’s personality, his experience and paradigmatic features of thinking objectively cannot but

Lukovskaya D.I. Theoretical and methodological problems of the history of political and legal teachings: dissertation ... Doctor of Law: 12.00.01. – Leningrad, 1986. – 412 p. See also: Lukovskaya D.I. Subject and methodology of the history of political and legal doctrines // Proceeds of Higher Education Institutions. Jurisprudence. 2007. No. 3. – PP. 197–211.

60 According to E.V. Timoshina, “the essence of this method is disclosed in the following main provisions: 1) the text is a primary reality of the humanities, which has a certain ontology in relation to the cognizing subject; 2) the process of interpretation has a pre-requisite and contextual nature, which determines the choice of research hypothesis and the selection of textual ‘facts’; 3) the possibility of ‘dialogue’ with the author of the text is associated with the observance of certain ethical principles in the process of interpretation; 4) knowledge is considered as having a personal and socio-cultural nature; 5) interpretation is a communicative process – revealing the actual intersubjective meaning of legal ideas of the past takes place in the ‘space’ of the modern scientific dialogue, mediated by the texts of thinkers of the past; 6) the result of the research is expressed in the creation of an original interpretation concept (theoretical model) of legal doctrine, the actualization of which contributes to the modern theory of law; 7) the diversity of interpretation concepts is a ‘normal’ scientific phenomenon”. See: Timoshina E.V. Theory and Sociology of Law by L.I. Petrazycki: Genesis of Post–Classical Legal Understanding in Russian Philosophy of Law (the Beginning of the XXth Century). Dissertation for the Degree of Doctor of Legal Sciences / Saint Petersburg State University. Saint Petersburg, 2013. P. 11.

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influence the direction of scientific conclusions in social and humanitarian academic research. However, a rational description of such values is not excluded, which may serve as a necessary condition for the interpretation of this academic text.

Method of participatory observation is used in the work with reference to the phenomena of modern information culture (first of all, social networks and multi-user computer games), which are part of the empirical base of research. Explicit mentioning of the included observation method is aimed at demonstrating the author’s experience as a participant in relevant social practices and, consequently, as a user of well-known digital economy products.61

Analytical method, understood in the context of the analytical jurisprudence relates to the turn to the linguistic context of the language practice which is mostly relevant to the Russian legal system and is associated with the concepts of common sense. This study also largely reflects the experience of rethinking the legal issues in the context of the “linguistic turn” in the scientific rationality as a whole and, as a consequence, explicitly or implicitly uses the methodological potential of individual teachings, developed within the framework of the philosophy of language, in relation to the problems of philosophy and theory of law. When analyzing the problems of absurdity and common sense in the context of this study, an analytical method is used that is characteristic of analytical philosophy (L. Wittgenstein,

61 In particular, the author has participated and participates as a user in a number of multiplayer gaming and cybersports projects from 2005 to the present (among them, in chronological order of being acquainted with, Ultima Online, Second Life, Achaea: Dreams of the Divine Lands, Discworld, Aardwolf, World of Warcraft, Rift, Everquest II, Star Wars: the Old Republic, Magic: the Gathering Online, Allods Online, Skyforge, Perfect World, Dota 2, League of Legends and some others). The author is also an experienced user and at times an avid reader of social media (VKontakte, Facebook, Twitter, LinkedIn, Livejournal, Blogspot, WordPress) from the moment of their actualization in the Russian segment of the Internet in the first decade of XXIst century. Although, specifically in the period corresponding to the writing of this paper, this comment is probably comparable to stating that “the author is an experienced reader of books” or even “the author is an experienced communicator” (although both, of course, are not superfluous), it can be assumed that long-term experience in the practical study of relevant resources and practices, in most cases from the moment of their immediate appearance, is relevant to the context of work on the legal issues of virtual reality in the broad sense of the word. Moreover, in a context where not all of the available legal science publications, even those that are specific to gaming research and social media, imply the same degree of personal experience.