Positive and negative views on the digitalization of law: in search of an objective approach

The article reveals the main prerequisites of such a process as digitalization, and also focuses on the two consequences of this process in the field of law. These consequences are defined as the phenomena of digital optimism and digital pessimism. These approaches are determined through the use of the analysis method through the author’s definitions. Digital optimism is an extremely optimistic attitude towards digital technologies, which is expressed in placing premature and excessively high expectations on them, both on the part of the state, and on the part of scientists and practitioners. In contrast, digital pessimism is expressed as a purely negative attitude to digitalization as a threat to liberal values. After that, the article examines the negative aspects of each of the above-mentioned approaches. Following digital optimism dangerously shifts the focus from more complex problems to more easily solved ones. In addition, digital technologies cannot solve all the problems of society. In turn, digital pessimism leads to stagnation of legal regulation. The result of this is the conclusion that digital technologies in law are not a threat, but also not a panacea. They are only a tool in the hands of man. Consequently, their success depends on the level of legal awareness and legal culture.