The Idea of Additive Technologies in the Construction of the System of Law: the Experience of Russian Science
Year: 2024
Type: article
Abstract: Introduction: The relevance of scientific research lies in the fact that for many years Russian legal science has followed the path of splitting the "legal platform" into separate sectors, their isolation in the field of law, sub-sectors, institutions, as well as complex sectors of law and legislation, in isolation from the experience of foreign legal systems. But there are no global breakthroughs, the complicating legislative array from the industrialization of law has not become clearer, on the contrary, the complication and "inventing" of new industries has added confusion to science and practice, diverting understanding from the deep meanings of the structural dualization of law. The author of the article argues his critical attitude to the idea of "cyclic legal arrays" proposed by various scholars, which is based on the idea of "cyclization" in law. Returning to the origins: two large spheres - public law and private law, in our opinion, will "facilitate" the process of adapting law to the new digital reality, when there will be no conditional industries and restrictions, but within the framework of two complementary and interacting spheres (private and public rights) legal relations will consolidate the new rules of the digital world, become an effective tool for resolving a wide variety of "digital" (already emerged and emerging) relations with the rules of law. Purpose: The purpose of the article is to explore the concept, content, place and role of additive technologies in law. The author of the article proves that it is necessary to gradually (thoughtful) unite (enlarge) the existing artificial branches of law (which do not benefit either economics or law) and, ultimately, justify the concept of private and public law in the context of digitalization. Methods. The leading method of studying the problem was the deductive method, which made it possible to study the legal and social nature of the processes of unification (enlargement) of the currently existing artificial branches of law. The article uses inductive method, method of system scientific analysis, comparative legal and historical methods. The leading method underlying the solution to the problem is to justify the concept of private and public law in the context of digitalization. Results. In the article, the author, considering the division of law into industries and institutions largely conditional and outdated, offers a conceptual idea of enlarging the elements of the law system and a return to the idea of dividing law into public and private in terms of the use of additive technologies. As an alternative to the concept of "cyclical legal arrays" and a possible broad discussion, the author of the article proposes his conceptual idea - "additive technologies in law," the essence of which is to combine together the elements (norms of law, institutions and even branches of law), which previously constituted a single system, interacting or not interacting comprehensively or fragmentally, if conditions have "matured" and if their synthesis gives a great effect and breakthrough for the new system into which they merged, and will give new qualitative characteristics to the combined elements themselves.
Author: Grudtsina Ludmila Yu
Language: English
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404629113