All the law is public (the apology of digital reality)

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The article deals with the traditional conception of the division of the law in public in private in Russian jurisprudence. The specified conception considers in the context of digitalization of the social sphere. The purpose of the theoretical study is to determine the heuristical capacity of the theory of the law division into private and public in the digital era. In this regard, the author's key tasks are: to determine the basic theoretical foundations of the theory of private and public law and this theory's falsification facts (K. Popper) as well. The research methodology is represented by philosophical hermeneutics as the main philosophical means of cognition, meta-scientific means of cognition (systematic approach, classical logic) and traditional methods of legal science (legal dogmatic and legal exegesis). Results. Article argues thesis stating that private law theory is reasonable and heuristically valid in modern legal ontology. Basing on the analysis of series of legal acts and different theoretical approaches author proves the problem of digital image's legal regime to be made up under the modern type of the understanding of the law. Author justifies the conclusion of the truly private law relations to consist in the digital sphere only.

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Law, public law, private law, digital sphere, informational technologies, mediaculture, methodology

Короткий адрес: https://sciup.org/14119500

IDR: 14119500

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