Methodological Problems of Justice in the Era of Legal Digitalization
Research Article
How to Cite
Baranov P.P. Methodological Problems of Justice in the Era of Legal Digitalization. Humanities of the South of Russia. 2020. Vol. 9. No. 4. P. 26-41. DOI: https://doi.org/10.18522/2227-8656.2020.4.2 (in Russ.).
Abstract
The article analyzes the change in ideas about law in the era of digitalization. Noting the insufficient theoretical validity of attempts to impose any special characteristics on modern law stemming from the widespread development of digital technologies, the author admits that in the era of virtual reality, the laws of the digital virtual world begin to actively compete with the laws of nature, which entails some decrease in the role of law as a traditional regulator of public relationship. However, according to the author, one should not artificially downplay the role of law even in the digital age. In this regard, the article discusses the main trends in the study of legal digitalization processes. The first trend is due to the need to promptly respond by legal means to the emergence of new areas of legal regulation caused by the widespread dissemination of digital information technologies. The second trend involves the expansion and rethinking of the subject and object of legal science in the context of the emergence of new digital participants in legal relations generated by intelligent human activity. In this regard, the author dwells on the most relevant conceptual and practical problems of using digital technologies in the processes of lawmaking and law enforcement, in the context of various approaches to law enforcement. Special attention is paid to the institute of digital (information) rights and freedoms of citizens, as well as to the traditional rights of an individual in the new digital virtual reality. The paper draws conclusions about the possibilities and prospects of further legal regulation of the field of digital (information) legal relations and artificial intelligence, as well as the impact of information technology development processes on legal processes in general.
Key points:
1) the emergence of new digital spheres of legal regulation, in a situation where the traditional elements of state, public and private life, to one degree or another, pass into the digital virtual space, poses new challenges to the law, however, their solution should be based on traditional general legal approaches;
2) digitalization has seriously changed the face of written (positive) law, its accessibility, relevance and ways of perception, however, the positive law has not received conceptually new regulatory functions in this regard, nor has it lost its ability to influence the regulation of certain traditional public areas relationship;
3) today the legal functionality of digital electronic algorithms is clearly limited by the limits of the auxiliary and organizational support function;
4) a shift in emphasis in legal regulation from the achievements of legal science to the achievements of information (technical) science can lead to partial or complete ignoring of the ethical, axiological and sociocultural aspects of law, which in turn can lead to the idea of digitalization of law as an element of coercion and oppression.
Keywords:
virtual reality, Artificial Intelligence, information and digital technologies, legal understanding, legal consciousness, digital (informational) rights, digitalization of law, e-democracy
References
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Il’in, I.A. (2008). Our tasks. Articles 1948-1954: in 2 vols. Moscow: Ayris-press, 2. (in Russian).
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Kolesnikov, E.V. (2019). Development of information rights of citizens in the Russian Federation and the Republic of Kazakhstan: constitutional aspect. Rossiyskaya yustitsiya, 1, 13-16. (in Russian).
Nevinskiy, V.V. (2019). “Digital rights” of a person: essence, system, meaning. Konstitutsionnoye i munitsipal’noye parvo, 10, 26-32. (in Russian).
Pashentsev, D.A., Alimova, D.R. (2019). Lawmaking innovations in the context of digitalization of public relations. Gosudarstvo i parvo, 6, 102-106. (in Russian).
Tanimov, O.V., Shevchenko, A.R. (2019). Digital law: essential aspects. Rossiyskaya yustitsiya, 10, 6-9. (in Russian).
Khabriyeva, T.Y., Chernogor, N.N. (2018). Law in digital reality. Zhurnal rossiyskogo prava, 1, 85-102. (in Russian).
Shapsugov, D.Y. (2016). Correlation of positive law science and genuine law science: another facet of the crisis of legal science. Severo-Kavkazskiy yuridicheskiy vestnik, 1, 5-16. (in Russian).
Shepeleva, O.S. (2019). Legal education and training of lawyers: what can the foreign experience suggest? Zakon, 9, 65-74. (in Russian).
Shugurov, M.V. (2016). The idea of law for the 21st century (on some tasks of the modern philosophy of law). Rossiyskiy zhurnal pravovykh issledovaniy, 2 (7), 78-86. (in Russian).
Shchepachev, V.A. (2019). Constitutional justice as an instrument for implementing the provisions of the Constitution of the Russian Federation. Konstitutsionnoye i munitsipal’noye pravo, 5, 16-19. (in Russian).
Yatsenko, T.S. (2019). Digital inheritance. Nasledstvennoye pravo, 2, 11-14. (in Russian).
Bedoyeva, Z.N. (2018). The role of information systems and technologies in ensuring state financial (budget) control. Finansovoye pravo, 7, 29-33. (in Russian).
Berdyayev, N.A. (1990). The fate of Russia. Experiments in the psychology of war and nationality. Moscow: Filosofskoye obshchestvo SSSR. (in Russian).
Bondar, N.S. (2018). Harmonization of the legal and ethical principles of the Constitution: the practice of constitutional justice. Zhurnal konstitutsionnogo pravosudiya, 1, 6-15. (in Russian).
Borulenkov, Y.P. (2014). Legal knowledge and bifurcation of the individual consciousness of a lawyer. Biblioteka kriminalista, 4 (15), 366-376. (in Russian).
Gavrilov, S.N. Volodina, S.I. (2019). The information (digital) ecosystem of advocacy in the context of the ecosystem of the digital economy of Russia. Aktual’nyye problemy rossiyskogo prava, 6, 156-166. (in Russian).
Gayvoronskaya, Ya.V., Miroshnichenko, O.I. (2019). Legal problems of digitalization: theoretical and legal aspect. Pravovaya paradigma, 18, 4, 27-34. (in Russian).
Zor’kin, V.D. (2019). Constitutional and legal development of Russia. Moscow: Norma. (in Russian).
Il’in, I.A. (2008). Our tasks. Articles 1948-1954: in 2 vols. Moscow: Ayris-press, 2. (in Russian).
Kartskhiya, A.A. (2017). The digital imperative: new technologies create a new reality. IS. Avtorskoye pravo i smezhnyye prava, 8, 17-26. (in Russian).
Kolesnikov, E.V. (2019). Development of information rights of citizens in the Russian Federation and the Republic of Kazakhstan: constitutional aspect. Rossiyskaya yustitsiya, 1, 13-16. (in Russian).
Nevinskiy, V.V. (2019). “Digital rights” of a person: essence, system, meaning. Konstitutsionnoye i munitsipal’noye parvo, 10, 26-32. (in Russian).
Pashentsev, D.A., Alimova, D.R. (2019). Lawmaking innovations in the context of digitalization of public relations. Gosudarstvo i parvo, 6, 102-106. (in Russian).
Tanimov, O.V., Shevchenko, A.R. (2019). Digital law: essential aspects. Rossiyskaya yustitsiya, 10, 6-9. (in Russian).
Khabriyeva, T.Y., Chernogor, N.N. (2018). Law in digital reality. Zhurnal rossiyskogo prava, 1, 85-102. (in Russian).
Shapsugov, D.Y. (2016). Correlation of positive law science and genuine law science: another facet of the crisis of legal science. Severo-Kavkazskiy yuridicheskiy vestnik, 1, 5-16. (in Russian).
Shepeleva, O.S. (2019). Legal education and training of lawyers: what can the foreign experience suggest? Zakon, 9, 65-74. (in Russian).
Shugurov, M.V. (2016). The idea of law for the 21st century (on some tasks of the modern philosophy of law). Rossiyskiy zhurnal pravovykh issledovaniy, 2 (7), 78-86. (in Russian).
Shchepachev, V.A. (2019). Constitutional justice as an instrument for implementing the provisions of the Constitution of the Russian Federation. Konstitutsionnoye i munitsipal’noye pravo, 5, 16-19. (in Russian).
Yatsenko, T.S. (2019). Digital inheritance. Nasledstvennoye pravo, 2, 11-14. (in Russian).
Article
Received: 20.05.2020
Accepted: 24.09.2020
Citation Formats
Other cite formats:
APA
Baranov, P. P. (2020). Methodological Problems of Justice in the Era of Legal Digitalization. Humanities of the South of Russia, 9(4), 26-41. https://doi.org/10.18522/2227-8656.2020.4.2
Section
MODERN RUSSIAN SOCIETY
