Материал: disser_arhipov

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et al.) and analytical jurisprudence (H. Hart, et al.) and implies clarification of concepts from the point of view of their use in natural language.62

In addition, it should be noted that the normative sources and empirical material selected for this study have been subject to the inductive method of scientific cognition, as well as the text based on representative examples. A comprehensive presentation of these sources and materials in the text of the work is not necessary for the purposes and objectives of the study and may make it difficult to systematically substantiate the concept of the semantic limits of law. The principle that determines the representativeness of the relevant examples in each case is defined and justified, either explicitly or by context.

The thesis also uses general research methods, including, inter alia, the use of a logical method of reduction to absurdity (“reductio ad absurdum”), which corresponds to the objectives of the study of the content and style, as well as its subject matter as such.

The source base for the dissertation comprises of, first of all, (1) Russian and foreign normative sources and empirical material related to the following main areas: criteria for evaluating information harmful to the health and (or) development of children; processing of information that has lost its relevance due to subsequent events; administrative offences and crimes related to the dissemination of information; creation of creative works with specific prototypes of characters; game activities not related to gambling; use of references to absurdity in legal argumentation; (2) academic works in the field of game analysis in the social and human sciences, including such authors as R. Bartle, R. Caillois, M. Consalvo, M. Midgley, J. Stenros, J. Huizinga etc.; (3) academic

62 Thus, for example, in the interpretation of S.N. Kasatkin, the method of analytical jurisprudence is expressed in the following stages: “1) the term (concept) being explained is considered in isolation, and as part of the holistic statements forming the most typical cases of its use in the legal practice of the legal system; 2) on the basis and in the context of these statements, the term (concept) is explained by: a) establishing the conditions of truthfulness of such statements (the conditions under which the relevant term is used in a relevant, appropriate and effective way); b) The definition of the speech function of a statement, in particular how these statements (and the dictionary in question) are used in drawing a legal conclusion based on the rules in a particular case. See: Kasatkin S.N. Explanation of Legal Concepts in the Analytical Jurisprudence of H. Hart: Methodology and Problematization // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2018. Vol. 13. No. 1. – PP. 52–53

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works in the field of social philosophy and philosophy of law belonging to the authors, who developed approaches to the analysis of the relationship between games and law, the study of the analogy of law and games or the establishment of rational boundaries of legal interpretation and semantics of law or common sense in law, in particular the works of B. Jackson, A. Ross, J. Finnis, L. Fuller, H. Hart and others; (4) academic works in the field of theoretical sociology, first of all, based on the methodology of social constructionism and assuming the study of the principles of formation of the value of subjects of social relationships and the nature of such value that directly or indirectly presupposes the relativity of certain social relationships to the field of legal regulation, in particular, the works of P. Berger, T. Luckmann, T. Parsons, J. Treviño, S. Abrutyn, etc.

From the standpoint of the theoretical grounds of research, the reconstruction of the problem area of the semantic limits of law predetermined the necessity of addressing the works of Russian researchers – specialists in philosophy, theory and sociology of law, history of legal thought: S.S. Alekseev, M.V. Antonov, N.V. Varlamova, V.G. Grafsky, Y.I. Grevtsov, S.N. Kasatkin, I.Yu. Kozlikhin, V.V. Lazarev, V.V. Lapaeva, D.I. Lukovskaya, V.S. Nersesyants, A.V. Polyakov, N.N. Tarasov, E.V. Timoshina, A.F. Cherdantsev, I.L. Chestnov etc., as well as foreign law theorists and philosophers of law – R. Alexy, E. Bulygin, B. Bix, R. Dworkin, H. Kelsen, A. Marmor, S. Paulson, W. Twinning, J. Raz, G. Radbruch, A. Ross, R. Summers, L. Fuller, H. Hart, etc.

The concept of the semantic limits of law is considered in the first place in the context of the problems of analysis of game activity in social sciences and humanities, presented in the works of the authors of interdisciplinary studies related to mediaphilosophy and “game studies”, in particular, the following authors: foreign ones – R. Bartle, R. Caillois, E. Castronova, M. Consalvo, M. Midgley, J. Stenros, J. Huizinga etc. and domestic – V.V. Savchuk et al., as well as authors of special legal and expert researches in the field of relations of theoretical and practical jurisprudence to gaming

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activity, including the following foreign scholars and practitioners – B. Duranske, G. Lastowka, S. Kane, J. Fairfield, D. Hunter et al. and domestic ones – A. Savelyev et al.

Since the urgency of the problem of the semantic limits of law is substantiated not only through the systematic nature of special legal problems of interpretation of law, but also by reference to the context of modern culturology, and the reconstruction of one of the key criteria of the semantic limits of law is carried out using the methodological potential of theoretical sociology, the theoretical foundations of the research include the ideas and concepts of the authors, whose works relate to these areas of knowledge. In particular, we are talking about certain domestic researchers – O.Y. Volkov, Y.K. Volkov, A.A. Lisenkova, O.V. Sergeeva, et al. – and foreign ones – S. Abrutyn, P. Berger, T. Luckmann, N. Luhmann, J. Austin, T. Parsons, J. Treviño.

The reference to the general methodology defined by the linguistic turn of the postclassical scientific rationality, which at the same time forms an organic part of the context of social constructionism in theoretical sociology, predetermines as the theoretical basis for the study the works of the key authors in this field, primarily foreign ones, namely representatives of analytical and “post-analytical” philosophy, on the one hand, – L. Wittgenstein, A. Korzybski, G. Moore, B. Russell, and of hermeneutics, on the other hand, W. Diltey, M. Heidegger, H.-G. Gadamer, E. Husserl et al.

Theoretical and practical significance of the study is that it suggests an original theory that proposes a model for explaining legal semantics and defining the boundaries for interpretation and application of law, which are at the intersection of absurdity and common sense and applicable primarily to relationships mediated by virtual reality. The logic of the conception may also be extended to lawmaking. The concept of the semantic limits of law makes it possible to construct a rational reasoning explaining the possibility or impossibility of application of law in a particular context that is relevant, first of all, to the information culture of the society in the digital economy – in particular, to determine

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when the “interference” of law to the field of the imaginary can be justified and in which – not. Conclusions of the dissertation research can be used as a basis for further academic development of the methodology of theory and philosophy of law, legal interpretation, information law, as well as interdisciplinary research related to the use of the methodology of social constructionism, including the study of game activities. The results of the research can also be used both in the practice of teaching and in the development of textbooks and manuals on the main courses of bachelor’s and master’s degrees “Theory of State and Law”, “Problems of Theory of State and Law”, “History of Political and Legal Teachings”, “History and Methodology of Legal Science”, “Modern Problems of Legal Science”, “Philosophy of Law”, “Sociology of Law”, as well as in the development of special courses, including “Interpretation of Law”, “Public and Private Law in the Digital Age”, “Legal Regulation of Relationships in the Internet”.

The provisions to be defended. The aspects of academic novelty of the dissertation mentioned before are disclosed inter alia by means of the following main provisions to be defended.

1. One of the priority tasks of modern legal theory is to reconsider law in the conditions of the medial turn, the components of which are the digital turn and the game (ludic) turn. The concept of the medial turn, justified in the Russian interdisciplinary research by V.V. Savchuk, reflects fundamental changes in social and cultural life, which law is a part of. The understanding of term “law” itself in the context of this study is determined by the methodology of analytical jurisprudence in the interpretation of H. Hart. Such a methodology was dictated by the “linguistic turn” in the development of scientific cognition and implies skepticism towards traditional methods of definition, but allows a description of the “core meaning” of the term based on common sense. The medial turn in general sets the need for conceptualization and understanding of media reality as such. Consequently, the digital turn determines the development of virtual and augmented reality

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technologies, which qualitatively change the mediaspace. Finally, the game turn, which was thought through in mediaphilosophy and game studies, including the approaches of J. Huizinga, R. Caillois and late L. Wittgenstein, suggests legitimization of game practices in culture and aggravates the problem of simulation in the mediaspace. Thus, in general terms, the key subject of the study is the relationship between law and “deceptive” media space,63 which can often be characterized by virtuality and simulation. At a lower level of theoretical generalizations, the main question of legal theory in the context of the medial turn can be posed as follows: in which cases legal norms in the mediaspace should have effect, and in which cases – not, because simulation excludes the effect of law, and in which specific way this can be explained with a degree of clarity sufficient for legal argumentation. The presence of such a simulation is the key unifying feature for the selection of empirical examples of legal collisions, which emerge or are actualized in the conditions of medial turn and allow giving substantiation to the hypothesis about the semantic limits of law.

2. The empirical material of the study confirms the problem of the need to determine which social relationships mediated by the mediaspace may be excluded from the scope of law because of the simulations. Taking into account the adopted methodological approach, the initial premises of the study should be defined by the legal collisions of game activities in the digital environment, expressed in controversial cases of application of positive law rules that exclude the possibility of judicial protection of claims arising from organization of games and participation in them, as well as legal qualification of the turnover of “virtual property” for real money. However, the recognition of simulation as the major problem factor also makes it possible to include into the scope of legal issues in

63 Hereinafter, the hypostasis of law in the phrase “attitude / relation of law [to something]” should be interpreted only as a literature method of natural language, aimed at expressing the most general view of the problem, which implies the unification in one context of different dogmatic categories – the effect of law [in the media space], the application of law [to the artifacts of media reality], the interpretation of legal texts [in relation to social relationships mediated by media reality], etc.