Institutional analysis of law: hermeneutical-phenomenological aspect

Abstract

The article considers the concept of "legal institution" from the point of view of hermeneutical or communicative approach to law. Within the framework of the hermeneutical paradigm of legal thinking, the processes of institutionalization in law and the semantic context of the concept of "legal institution" acquire important methodological characteristics that allow us to take into account the irreducibility of law only to normative reality or a set of rules of behavior. The communicative approach to law implies a change in the institutional analysis of law.