Personal Legal Status in Context of Technology-Driven Social Experiment

M. Cheremisinova
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Abstract

Based on the study of relevant research findings, law enforcement practices and content analysis, the paper identifies the peculiarities of social and legal environment reflecting the experimental nature of life of a modern society. The mutual effects of technologies, social relationships and legal regulations are discussed. It is stated that technologies which initially had an uncertain impact (social, economic, political and legal) have set an evolutionary development trend of modern societies worldwide, only to justify the insight into evolving conditions in which the personal legal status is implemented. In identifying the nature of technological revolution at the current stage, a conclusion is made on the implementation of a vast majority of social relationships in context of technology-driven social experiment. The legal features of this experiment making it different from the previous stages of the technological progress are identified, and the importance of convergence of the community and digital technologies to set directions for development of the law is underlined. Special attention is paid to the category of the personal legal status and aspects of its protection. The factors of its transformation in the given context are studied and the impact of the experiment’s legal features on the personal legal status is demonstrated. The paper is aimed at proposing solutions to the issue of preserving legal status of a person as a legitimate party to social and technological processes protected from technocratic manifestations, endowed with the right of choice and opportunities to exercise it. In terms of methodology, the study is based on both general and particular research methods. The former include structured and historical methods while the latter — formal legal method and logical cognitive tools such as analysis, synthesis, induction, deduction. It is proposed to expand the field of application of legal experiment to keep pace with the social relationships dynamics in the context of technological change, help maintain the guarantees related to the established rights and liberties and also contribute to the development of well-balanced legal controls.
技术驱动的社会实验背景下的个人法律地位
本文在对相关研究成果、执法实践和内容分析的基础上,确定了反映现代社会生活实验性质的社会和法律环境的特殊性。讨论了技术、社会关系和法律法规的相互作用。有人指出,最初产生不确定影响(社会、经济、政治和法律)的技术已经在全世界现代社会中形成了一种渐进的发展趋势,这只是为了证明对执行个人法律地位的不断变化的条件的洞察力是合理的。在确定现阶段技术革命的性质时,对绝大多数社会关系在技术驱动的社会实验背景下的实施做出了结论。本文确定了这一实验的法律特征,使其不同于技术进步的前几个阶段,并强调了社区和数字技术的融合对法律发展方向的重要性。特别注意个人法律地位的类别及其保护方面。研究了其在特定语境下的转化因素,论证了实验的法律特征对个人法律地位的影响。该文件旨在提出解决办法,以维护个人作为社会和技术进程的合法当事方的法律地位,使其免受技术官僚主义表现的影响,并被赋予选择权和行使选择权的机会。在方法论上,本研究采用了一般研究方法和特殊研究方法。前者包括结构化方法和历史方法,后者包括形式法律方法和分析、综合、归纳、演绎等逻辑认知工具。建议扩大法律实验的应用领域,以跟上技术变革背景下社会关系的动态变化,帮助维持与既定权利和自由有关的保障,并有助于发展平衡的法律控制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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