disser_arhipov

Annex 1. Structural flowchart of the logic of the concept of the semantic limits of law

Table 1. Structural flowchart of the logic of the concept of the semantic limits of law

	Semantic limits of law			Correspondence to the criteria
		«SERIOUSNESS» –
		«Currency value» of the object of	No	Yes	No562	Yes
		relations
Criteria		(T. Parsons et al.)
		«REALITY» –
		Adequacy of the functionality of	No.	No	Yes	Yes
		the object of relations563
		(isomorphism)
Qualification of the result of interpretation in			Absurdity	Weighing of values / morality		Common sense
	relation to common sense
			Blocking the site with a	Social satire in relation		A classic “gunman
			fantasy recipe of dynamite	to real subjects. The	Field role-playing game	situation” in which the
			from Minecraft. The	subject is obviously	using real arms. The	robber relies on violence
	Practical situation example		subject is functionally a	serious (conversion), but	object is not serious, but	(encroaching on “social
			fantasy, and the use of	most often unrealistic.	functionally adequate.	and currency value”) and
			dynamite in Minecraft has	Law enforcement	Weighing public danger	uses real weapons to
			no “currency value” in the	depends on weighing	and the right to rest /	obtain real money (the
			sense of the corresponding	freedom of speech and	culture.	main subject is probably
			norm.	other values.		money, not weapons).

562In this case, it can be assumed that the “socio-currency value” does not exist as a result of a change in the convention – the J. Fairfield’s principle of consent.

563The “seriousness” and “reality” of the subject matter of the relationship are interrelated and mutually defined criteria. The adequacy of the function should be determined in that aspect of the object in which it has currency value, and vice versa. The analysis of the actual composition as a part of the law enforcement

process should include an intellectual process of identifying the elements having “socio-currency value” and checking their functional adequacy (or vice versa depending on the situation). “Currency value” should be assessed from the point of view of the subject of regulation of the norm, the application of which to the relations is considered.

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Annex 2. Functional flowchart of analytical process of application of the concept of the semantic limits of law (“borderline situation” of interpretation)

Table 2. Functional flowchart of analytical process of application of the concept of the semantic limits of law (“borderline situation” of interpretation)

	№			Consecutive stage of the process				Description / clarification of the stage		Practical example
										(blocking of Minecraft’s website)564
1.				Rational or intuitive formulation of				From the point of view of common sense philosophy, an intuitive		If the information about the blocking of the
				the hypothesis about absurdity of				statement of such a hypothesis in the order of things – it is		website containing the description of the recipe of
				the result of interpretation of the law				obvious that “something is wrong” with the interpretation. From a		the “explosive substance” from the computer game
								more detailed point of view, it can be noted that the possibility		is limited, the intuitive grounds of the result of the
								and legitimacy of the intuitive formulation of the question can be		interpretation of the relevant legal texts are seen as
								explained by the fact that a socialized (including professional)		absurd.
								specialist in the field of law, whose personality is the product of
								his social reality, at least, approximately realizes or “feels” the
								typical for a given society and time generalized symbolic media
								and can guess that this “something” may be “wrong”. Doubts
								about the isomorphism of the subject of the relationship to the
								central value of the legal norm can be quite rational – the absence
								of a direct logical correspondence.
	2.		Identification of the object of social					One of the most difficult stages in the concept. Any real social		The object of the relationship associated with the
				relations, the analysis of the qualities				attitudes are complex and include several possible objects, each of		posting of such a prescription may vary, for
				of which is necessary for the				which can potentially be linked to different generalized symbolic		example, the distribution of such content may be
				resolution of the case.				media. Thus, at this stage, the perspective of the situation is		assessed in terms of intellectual property rights or
								chosen. Since the key practical objectives of the concept of		freedom of creation. The possibility of blocking is
								semantic limits of law are to propose models and structure forms		faced with these values and linked to the
								for the application, interpretation and creation of a law in the area		hypothetical notion that it is “terrorist activity”

564 A crosscutting representative example of this study. At least once, a court decision was made to restrict access to the site of the popular (and quite innocent) computer game Minecraft, which contained a “recipe for making dynamite” that was fictitious. Roskomnadzor itself found this decision absurd and did not block the site. For more details, see § 5 of Chapter 1 of this study.

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			of “penumbra”, the starting point for establishing the subject	(whereas the absurdity - to call it the computer
			matter may be, for example, the central importance of the law, the	entertainment game process - can be seen here as
			priority of public policy and other positive (in the sense of	elements of a grotesque). The subject of the
			positive law or positive morality) grounds that directly or	relationship is, therefore, information about the
			indirectly lead to a shared value.	object of the alleged terrorist activity.
3.	“Preparation” of the core meaning		This step is based on the notion that in any rule, regardless of the	The core meaning of the relevant legal provision
	of the legal norm for further use as a		degree of formal uncertainty, it is possible to identify at least one	includes the distribution of such a recipe of
	reference for checking the functional		value that can be attributed to the “core” in terminology of	dynamite, which can create a real explosive
	adequacy of the subject of the legal		H. Hart. Using the method of hypothesis and logical methods, the	substance.
	relationship.		model core meaning or the range of meanings, which can be said
			to be central, is analytically distinguished, after which, if
			necessary, abstraction from the details to form the idea of the
			function of the model core meaning is carried out.
4.	Verification of the functional		This step depends on the results of the previous steps. The	The function of the recipe for dynamite in the
	adequacy of the subject matter of		selected abstract function underlying the core meaning of the	game is compared with the function of the recipe
	the relationship to the core meaning		relevant legal norm is compared with the function of the object of	for dynamite in “real” life. The conclusion is made
	of the legal norm, which is supposed		the relationship, which was highlighted in the second stage of the	about fantasy function and function of dynamite in
	to be applied in this case.		process of establishing semantic limits of law in a given situation.	the game. In fact, two information objects are
				compared.
				We emphasize that the answer would be
				different if the function of the recipe dynamite
				in the game was adequate to the function of the
				recipe dynamite in real life.
5.	Assessment of the “socio-currency		In parallel with the process of determining the functional	From the point of view of empirical sociology, and
	value” of the subject of attitude from		adequacy (isomorphism, fantasy) of a relationship subject at the	in the perspective in which we consider the object
	the point of view of theoretical and		center of a controversial, potentially absurd situation, the subject	of the relationship (see the result of Stage 2) that
	empirical sociology.		is evaluated from the point of view of empirical sociology. The	we have no convertible “socio-currency value”.
			key method is a mental experiment, ideally based on empirical	For example, there is no evidence that Minecraft is
			data,565 the convertibility of the value component of the object of	used by terrorists as an ideological tool.

565 Empirical evidence of convertible currency value can be, for example, confirmed representative and relevant examples of (a) commercialization of the subject of relations (generalized symbolic media – money), the use of the subject of relations in the mobilization of social groups in political activities (generalized symbolic media – political power) and other examples of conversion into other generalized symbolic media of a high level of abstraction, as well as (b) cause-and-effect relationship between the subject of relations existing at the lower level of abstraction practices at the societal level that underlie some generalized symbolic media (e.g., the conversion of art into violence of a “monopolistic” or “quasi-monopolistic” nature as the object of a low level of abstraction that underlies political power (T. Parsons).

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		the relationship, including on the basis of the notion of external
		referent of value, into generalized symbolic media or, where a	Let us emphasize that the answer would be
		potential media is involved, into other generalized symbolic	different if Minecraft was a “cult” phenomenon
		media.	among terrorists in modern culture and social
			life. Or, for example, among the ideologists of
			massacres in schools. There is no empirical
			evidence, even indirect evidence of this at the
			moment (unlike, for example, some other
			computer games, the subject of separate
			discussion).
6.	Structuring legal reasoning by	As a result of the implementation of the thinking (and, if possible	The above arguments are “translated” into the
	“translating” the key arguments of	and necessary, empirical) process at previous stages, formed a	language of formal-dogmatic jurisprudence in
	the analysis into the language of	sociological and legal and theoretical-sociological system of	order to prepare a coherent legal reasoning. At this
	legal dogmatism.	arguments, justifying the application or lack of the possibility of	stage, on the basis of semantic analysis, the syntax
		application of the legal norm. However, it should be translated	is used explicitly.
		into the language of legal dogmatics in order to be included in the
		system of rational legal argumentation, which itself acts as an	The main conclusion of the case study is that it is
		external referent of value, ensuring the functioning of the legal	absurd to apply the norms that allow limiting the
		system as a subsystem of a general social system based on such	information about the means of carrying out
		generalized symbolic media as value commitments and,	terrorist activities, because the function of the
		especially, influence.	subject of relations is fantasy and the subject of
			relations has no convertible “socio-currency
			value”.
			In the "translation" into the language of formal-
			dogmatic jurisprudence: “This interpretation of the
			legal norm is absurd, because the disposition of
			this norm does not cover the circumstances of the
			case. The subject of public relations cannot be
			considered as a special object of legal relations on
			restricting information on the methods of terrorist
			activities. The relevant law regulates the most
			important public relations, but there are no such
			relations in this case”.
			Note when the reasoning and response will change:
			1) If we analyze the situation from the point

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of view of another object of relations (for relations in the field of contemporary interactive art we can highlight the object of “social-currency value”).

2) If the intra-game recipe for dynamite is functionally consistent with the actual recipe for dynamite. In this case, there is a functional adequacy and the question of the possibility of limiting such information ceases to be not relevant.566

3) Even if the intra-game recipe for dynamite is fantastic, but through, for example, a “language game” (the word “dynamite” is used for both), the game itself becomes a tool for the ideological influence of terrorists or other offenders (i.e., a convertible “socio-currency value” is obtained), the question of whether such information can be restricted also ceases to be not relevant.

566 In fact, this second potential exception is very important for the whole study. Firstly, it can be seen as a conclusion for the right to information (the imposition of such a restriction may be legitimate because it can be reasonably justified on the condition that it is ‘weighed’ against freedom of information). Second, as a conclusion for game design (it is recommended that developers take into account the reality of the object, as this may create risks or, conversely, if it is not a dynamite and similar things, the opportunity to play). Third, as a conclusion for game studies (the isomorphism of the function of the game elements to real subjects is a necessary factor for the requalification of the product, for example, from entertainment to training).

Annex 3. The table of correspondence between expressions of legal dogma and the notions of the concept of the semantic limits of law

Table 3. The table of correspondence between expressions of legal dogma and the notions of the concept of the semantic limits of law

	№		Indicative567 expression of legal				Concept of the theory of			Clarification
				dogmatics			semantic limits of law
1.			«Absurd interpretation [of the legal			Meaning 1. The result of legal				Although both law enforcement
			text]”.			interpretation, which implies the				practice and individual legal texts
						application of the rule of law to				and legal interpretation theory use
						public relations, the subject matter				the criterion of “absurdity”, it is
						of which does not possess the				generally not disclosed in sufficient
						qualities of “seriousness” and				detail and specificity to be used in
						“reality” at the same time.				actual legal reasoning. Giving a
										clear meaning to the term “absurd”
						Meaning 2. The result of legal				in the context of legal
						interpretation, which implies the				interpretation is one of the key
						application of the rule of law to				objectives of this study.
						public relations, the subject matter
						of which does not possess any of
						the fundamental qualities
						(“seriousness” or “reality”), and the
						result of “weighing” moral values
						in a given society at this stage of
						development excludes the
						application of the legal norm.
2.			“The disposition			The subject matter of the				The “fantasy” of the object of the
			[hypothesis/sanction] of the legal			considered relations is fantasy				relationship, in terms of an
			norm does not cover [these] facts			(functionally inadequate) to the				isomorphic interpretation of the
			of the case” and/or “These facts of			central importance of the legal				theory of correspondent truth and
			the case are not subject to the legal			norm.				in relation to the central meaning of
			regulation of this legal norm”.							the legal norm, by definition means
										that the facts constituting the object
										are not legal facts.
3.			«Based on the meaning of the legal			«The object of public relations has				If the subject is an external referent
			rule in question, it does not apply			“socio-currency value”, although				of value from the point of view of
			to these relations»			we cannot necessarily assert that				empirical sociology (hereinafter –
						the object is functionally adequate				“ERV”) and (or) otherwise has a
						to the core meaning of the legal				social currency value referring to a
						norm. If the object is fantasized, we				convertible generalized symbolic
						need to “weigh” moral values to				media (hereinafter – “GSM”),
						establish the possibility of law				although it is not mentioned or
						enforcement as a result of an				implied in the legal norm directly,
						expansive interpretation of the				it can (and probably should)
						legal text».				nevertheless be regulated by law.
										However, since the decision to
										apply the law in this case is not
										obvious, a rationale involving
										weighing up moral values is
										necessary.

567 The word “indicative” in this case aims to clarify that specific expressions of legal dogma.

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4.	«There is a gap in legislation and it	Similar to the above, but at the	Similarly, subject to the correction
	needs to be addressed by analogy	same time we can unequivocally	of a clear understanding of the
	of law [analogy of statute]»	assert that the function of the object	fantasy nature of the subject.
		of the relationship is inadequate
		(fantasy) to the function implied in
		the core meaning of the legal norm.
5.	«The most important social	Social relations, the object of	According to numerous
	relations».	which has “socio-currency value”.	publications in the field of legal
			theory, there is a universal
			“explanation” of what can be
			regulated by law. Of course, the
			law – on the example of a common
			definition of law – can only
			regulate “the most important social
			relations”. Of course, this is true.
			But the concept of semantic limits
			of law allows us to eliminate the
			amorphousness of the circle of
			meanings of this term and explain
			the principle of singling out the
			most important public relations
			through “socio-currency value”.
6.	«Special object of legal	External referent of value.	The special object of the legal
	relationship».568		relationship has value properties,
			and for law “value properties” has
			what reflects the “socio-currency
			value”, converted into alternative
			GSM. Therefore, a special object,
			as a specific material or non-
			material object, is an ERV.
7.	«Public danger»	«Seriousness» in the meaning of	The nuance is that seriousness does
		the convertible «socio-currency	not necessarily mean social danger
		value».	– it means the exact opposite of it
			quite often. Conditionally, this
			contrast can be called “public
			good” (it seems that here we are
			getting closer to utilitarianism).

568 As A.V. Polyakov and E.V. Timoshina point out: “The special object of legal relations can be considered specific material and non-material, animated and inanimate objects – carriers of value properties”. See: Polyakov A.V., Timoshina E.V. General theory of law. P. 387. The above definition is given within the framework of the pluralistic theory of the object of legal relations.