The Intellectual Nature of Law in the Context of Digital Transformation of Society

Abstract

Introduction: the paper deals with the study of the intellectual aspect of law, its democratic nature in the context of the introduction of innovative technologies in electronic law. The digital transformation of society is based on the “breakthrough” innovations in the economic, political, social and legal spheres. The purpose of the study is to show the influence of mental processes on the origin and change of law. The objectives of the research are to identify the true nature of law, its purpose, the need to create electronic law, to show the opportunities and risks of the digitalization of law, the impact of information technologies on the disclosure of its potential. Methods: a pluralistic methodology that combines universal, general, and specific scientific research methods. The main methods were the dialectical and materialistic, synergetic and transdisciplinary ones. Results: being reasonable in its nature and purpose law is a combination of mathematically precise forms (sources) of law and natural human rights and freedoms, as a condition for the implementation of genuine democracy in a state-civil society. The legal world is a special, abstract, metaphysical reality artificially created by the conventional, creative genius of man. The technology expands the possibilities of the human mind, creating both challenges and risks. Many modern social processes in the conditions of synergetic, nonlinear development, the growth of entropy, disorder, risk, and a massive increase in digital information (BigData), can only be managed and predicted with the help of artificial intelligence (AI). Conclusions: the language of the human brain, neurophysiology, and digital society must be translated into the language of electronic law. To do this, it is necessary to adapt the legal engineering, to digitize the forms (sources) of law, to use the information and communication technologies, the educational platforms in the training of lawyers, to develop the special legislation on the electronic state, electronic government, AI and robotics. The metatheory of digital law, its legislative consolidation, and the mechanism of the law enforcement implementation (including the automatic one) will help to solve this problem.