РИМСКОЕ ПРАВО И ЮРИСПРУДЕНЦИЯ У ИСТОКОВ ПРАВОВЕДЕНИЯ ЦИФРОВОЙ ЭПОХИ (ПОНЯТИЙНО-ТЕРМИНОЛОГИЧЕСКИЙ АСПЕКТ)

Abstract

The article considers methodological features of Roman law and jurisprudence within the context of their concepto-terminological foundations. The study argues the naturalized character of Roman legal imago mundi, which became the ontological base of legal dogmatics. Taking from this Roman legal constructs were thought as functio-nominative entities derived from the natural language (terms for the legal events and processes), and not as abstract theoretical structures (concepts). The research proves the way of Roman legal cognition to be organized in the logic of “an object — a nomination — a construct”. Affecting objectively the organization of continental legal thought, this method remains in demand in jurisprudence of digital age. The author shows that basic constructs of legal dogma predetermined the impossibility of representation of many phenomena and processes of modern high-tech world, especially digital property. The study concludes that methodological issues are most significant for the legal science in digital age.