The Principle of Mutual Legal Recognition: Russian Philosophical and Legal Tradition and Communicative Approach to Law
Based on the postclassical analysis of the domestic legal tradition, associated primarily with the Russian phenomenon of the "revived natural law" of the late 19th - early 20th centuries, for the first time in Russian science, the meaning of the principle of mutual legal recognition (mutual recognition of legal personality) and the principles of equality, freedom, justice, dignity, responsibility, solidarity arising from it. To substantiate his conclusions, the author uses a postclassical methodology, where law is treated not as a system of state-established norms, but as a system of communicative relations in which law is born from a combination of value-significant texts, their legitimation in the intersubjective consciousness of communicants and subsequent interaction based on subjective rights and obligations. Such approach to law presupposes special attention to the problems of the motives of human behavior, for the explanation of which methodology of theory of rational choice and the concept of wealth maximization, developed within the framework of the Chicago School of Economic Analysis of Law, are used. These ideas are conceptually combined with the ideas of the domestic natural-legal tradition, which attempted to substantiate the justice of law in unity with morality and human rights. The analysis focuses on the concepts of V.S. Soloviev and I.A. Ilyin. It has been established that, despite the difference in methodological approaches of these thinkers, their attitude to natural law is based on the ideology of mutual recognition. The ontology of relations between law and morality is revealed on the basis of the indicated supreme principle. The existential, axiological and praxeological meaning of the concepts of recognition, legal recognition and mutual legal recognition is revealed. It is proved that the concept of mutual legal recognition is inseparable from the concept of law. On the basis of numerous historical and modern sources, various ways (options) of justifying the latter are classified and analyzed: theological, ethical, irrational-mystical, rational, natural-scientific, utilitarian, historical and sociocultural. A theoretical explanation of the relationship between human behavior, the theory of rational choice, the concept of human wealth maximization and the principle of mutual legal recognition is given. The necessity to think of the basic principles of law as a hierarchical system under the control of the supreme principle of mutual legal recognition is substantiated.