“Digital law” vs “digitalization of law”
«Цифровое право» vs «цифровизация права»
2023-01-01
SCID: 54.1/snm8zhvz
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digital lawdigitalization of lawlegal regulation in the digital environmentterminology of legal doctrine
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Abstract (AI)
With the inevitability of further expansion, improvement and systematization of the mechanism of legal regulation of relations developing in the digital environment, the accuracy of legal and doctrinal terminology, its compliance with the already established system of conceptual and categorical apparatus, subject area and trends of legal regulation remains a significant task. The conflict of doctrinal approaches in the issue of terminological designation of such a phenomenon as the intensifying regulation of digital phenomena is incompatible with the dogmatism of law, requires more certainty, but for this it is necessary to resolve, according to the authors of the article, the main question: which of the terms most accurately corresponds to the nature of the emerging system of norms – “digital law” or “digitalization of law”?
Key Findings
1
A terminological conflict exists between using “digital law” and “digitalization of law” for intensified regulation of digital phenomena.
2
Resolving which term accurately corresponds to the nature of the emerging system of norms is presented as a primary task.
3
The authors argue that doctrinal certainty is required because current conflicting approaches are incompatible with legal dogmatism.
4
There is a need for precise legal and doctrinal terminology for regulation of relations in the digital environment.
Research Object
The emerging system of legal norms regulating relations in the digital environment
Research Subject
Terminological designation—whether the term "digital law" or "digitalization of law" more accurately reflects the nature and doctrinal characterization of that system of norms
Publication Details
Publication Date
2023-01-01
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