Legal consciousness and legal culture in the era of total digitalization (original) (raw)

Law and legal relations in the digital age

SHS Web of Conferences

This article explores law and legal relations in the digital age, considers bills of various data in the development of the digital environment in legal relations and legislative systems of public administration. The article analyzes such concepts as “digitalization of legal relations” and “digital form of law”. The topic of this article is relevant, because the digital form of law is currently being integrated into all branches of management and human activity, and the study of this phenomenon is a priority issue in modern jurisdiction. It also touches upon the program of artificial intelligence, considered as a full-fledged subject of legal relations. In the course of the study, general scientific research methods in jurisprudence were used.

Legal Awareness in a Digital Society

Russian Law Journal, 2020

Our perception of reality depends on multiple factors, including the language of communication and the culture adopted by civil society. With the development of digital technologies, the methods for transferring information, traditions and cultural code between participants in public relations have undergone drastic changes. The emergence of the “digital layer” between the human consciousness and the outside world has resulted in a shift in our perception of the world since we now view it through the prism of the digital space. The use of artificial intelligence and global cloud data in the daily life of society requires special consideration. Our interaction with cyberphysical systems has dramatically affected our perception of immediate reality. The synthesis of human cognition and artificial intelligence is leading to an amalgamation of material and cyberphysical spaces, as a result of which objects of the digital world acquire material value, whereas material objects (works of a...

Law and Digital Transformation

Law. Journal of the Higher School of Economics

The coexistence of digitization and law fuels their mutual influence and calls for scholarly inquiry into their mutual impacts and the effects thereof. Technization of society has contributed to society's development, and the objectives and vectors of this process have been in many ways informed by public and other social institutions, including law. Like before, digitization at its current stage combines social and technological mechanisms of managing societal processes, ingrained into the wide socioeconomic context and connected with the implementation of the nation's strategic objectives. Similar phenomena and processes have a strong impact beyond Russia's borders as well. All this poses challenges for law. The article is an attempt to analyze legal challenges of digitization applying the method of comprehensive, intersectional and systemic analysis, which breaks down the excessive compartmentalization of sector-specific legal sciences and takes into account the relationship between national and international law, as well as advances in other social sciences. The new digital technologies transform law's functionality, and this, firstly, is reflected in the dynamically developing sector-specific legislation, This article is published under the Creative Commons Attribution 4.0 License

Digitization of Law: Some Problematic Aspects

2019

This article reveals the important practical importance of academic cooperation between legal doctrine and achievements of technical laboratories in terms of defining "points of growth" in questions of digitalization of law and development of legal tools aimed at regulating the technogenic factor on the one hand and legal support of "game-changing" results in a in the conditions of digital economy on the other hand.

Law and digitalization – an agenda for the future

2017

Follow us on Facebook, Twitter (@LegaltechHEL) and LinkedIn! Summary-Information, Dialogue and Engagement With a Twist The current state of affairs shows a strong need for action regarding legal digitalization. Even though the legal field is undergoing a transformation, there is not much research on digitalization and law. The lack of information needs to be remedied and The Legal Tech Lab aims to fulfill this need. The first steps are: 1) to define the phenomenon, 2) to establish best practices and 3) to actively create tools to facilitate navigating the legal system. The steps are recursive and should be advanced jointly. The main objective of the work is to improve access to justice. The Lab has many audiences that have partly overlapping and partly contrasting needs. First and foremost The Lab is an academic project produced together with all stakeholders from both the private and the public sector, NGOs, academics, students and anyone interested. Legal digitalization should be A COMMON EFFORT of all the stakeholders and hence they should be brought together whenever possible. The Lab's Advisory Board will meet twice a year and there will be collaboration with the board and the affiliated researchers. The Lab deals in INFORMATION and facilitates dialogue. Information is at the core: The Lab is producing it, and collecting it from all the parties involved, including the Advisory Board, other interest groups and the participants of its events. The Lab is also disseminating information with an emphasis on knowledge mobilization both in academia and to the public using e.g. Facebook. The Lab's goal is to combine those with the need for information with those able to produce it. This will be accomplished by commissioned studies and the thesis bank initiative. Commissioned studies can include e.g. giving the public sector recommendations on policy setting, providing tools for individuals and developing parameters for responsible digitalization. Dealing in information is fitting, as information is the primary asset of the Information Age. The two ways of producing academic DIALOGUE with a twist: 1) Big mixed academic events are a way of producing hype as well as bringing people together, e.g. June 9, 2017 conference "Law and Digitalization-Rethinking Legal Services" where attention is paid to the visuals, interviews and panels instead of one-way presentations, students presenting their work and mixing academics with professionals as well as tech people with lawyers. 2) Genuine dialogue and collaboration requires smaller informal settings. The Lab's work aims to blurring the line between research, education and community relations. ENGAGEMENT: hackathons and start-up incubators are a way of encouraging students towards these themes and of bringing together business interests and supporting the legal tech scene. The public sector could also benefit from pilot projects designed and organized with the Lab (e.g. hackathons). COMMUNICATION STRATEGY: 1) Emphasis on visibility-new methods of knowledge mobilization (e.g. the use of social media). 2) Blurring the line between national and international-the Lab's work is made accessible through English language when possible. The Lab is committed to interdisciplinary cooperation both in and outside of academia and it works closely with its professional contacts. 3) Crossing disciplinary boundaries-the Lab actively seeks influences from both law and IT fields.

The Virtual Dimension of Legal System

The Virtual Dimension of Legal System, 2018

The purpose of the present research is identification of existence of legal system in virtual space. This purpose is concretized by the following tasks: the analysis of existence of positive law, legal science, legal consciousness in digital measurement; disclosure of some features of law-making on the Internet; identification of separate aspects of right realization in virtual space. The methodological device of this research is based on dialectic understanding of surrounding life in which borders between real and virtual space have flexible character. At the same time use of the system approach causing existence of various methods of scientific knowledge is inevitable. It is possible to distinguish from them structurally functional, legalistic, and comparative and other methods. Authors of article recognize the known pluralism of the used categories. However in this research the terms "virtual space", "digital space", "Internet space", "cyberspace" are used as synonyms. Results of the research can find the application in the sphere of jurisprudence and legal education. Also they can be considered in law-making processes.

Synergy And Contradictions Between Philosophy And Theory Of Law In Digital Era

2021

The focus of the paper is on the competition of two equally presentable scientific disciplines: philosophy of law and theory of law that have been recently intensified in modern jurisprudence. The demarcation of these concepts has been carried out; the question of their ontological status (entity significance) in relation to the law being which reflection they are is formulated and discussed. The paper proves that the basis for this experience is a completely different view of the same reality, which is occupied by modern theory of law. For this, the author again refers to the concept of contemplation, thoroughly thought out in German classical philosophy, and uses the hermeneutics of the three forms of image: reflection, reflection and image, proposed by G.-H. Gadamer in «Truth and Method», for the rehabilitation of the philosophy of law. It is concluded basing on the analysis of existential criticism of the prevailing forms of modern ideologies, that the existing theories of law d...

Sociology of Law in a Digital Society - A Tweet from Global Bukowina

Societas/Communitas, 2013

Is it possible to determine the Facebook Gemeinschaft or the living law of the global file-sharing community? What are the social facts of twitter or the intuitive law of Chinese microbloggers? This paper argues that digitisation of society, the reliance on digital networks, protocol, algorithms and completely new sets of organisational structures for social communities, have vast implications for core interests within socio-legal research. This, I argue, should therefore be seen as potential for a possible revival of socio-legal classical theorists, following from the fact that several of them struggled to grasp the role of law and norms in a society that in many cases were also in a technology-related metamorphosis. This relates to norm pluralism, or possibly an anomic state in which norms fail to describe reality as it is perceived. For example, copyright law does not describe the reality of distribution and reproduction of cultural content as conceptualised by the younger generation, which leads to its decreased legitimacy in society. However, here I suggest two complementary traits. First, the study of how we conceptualise law in relation to reality, I argue, could benefit from using findings in cognitive theory relating to conceptual metaphor theory. Language and legal language are expanding and are renegotiated in relation to the massive need to conceptualise digital phenomena. Secondly, I argue that the inherent preconditions in the technologies themselves are of particular socio-legal relevance. This means that the regulating aspects of (programming) code deserve extra attention when studying the socio-legal aspects of a digital society.

Law in Context for the Digital Age

Law in context, 2019

We introduce both the new inception of Law in Context-A Socio-legal Journal and the continuing issue of LiC 36 (1). The editorial provides a brief historical account of the Journal since its inception in the early 1980s, in the context of the evolution of the Law & Society movement. It also describes the changes produced in the digital age by the emergence of the Web of Data, Big Data, and the Internet of Things. The convergence between Law & Society and Artificial Intelligence & Law is also discussed. Finally, we introduce briefly the articles included in this issue.

Towards a digital legal consciousness

2021

The justice system is overstretched and constantly expected to perform beyond its capacity. It is operating with delays, high costs, not providing access to justice for all and, as some argue, with outdated procedures. This reality has forced a shift from slow and tired paper-based, face-to-face procedures to a time, and cost-saving, digital turn. The digitalisation of justice has slowly evolved in different ways in justice systems around the world. This article discusses how this transition to digital justice affects (non) users' perceptions of this system and what motivates their actions. I argue that users of the justice system need different sets of capabilities (legal and digital) to be able to navigate this new justice space. In turn, this highlights the divide between those who can, and those who cannot, access the digital justice system. I build on legal consciousness research, identifying its failure to disentangle conscience from capabilities and propose a framework through which users of a digital justice system can be better understood. I also argue that designers of such systems can use this framework to inform the creation of a better system of digital justice. Finally, I recommend this framework for empirical testing and refining.