The Virtual Dimension of Legal System
DOI:
https://doi.org/10.7596/taksad.v7i4.1845Keywords:
Internet, Virtual space, Legal system, Positive law, Legal culture.Abstract
The purpose of the present research is identification of existence of legal system in virtual space. This purpose is concretized by the following tasks: the analysis of existence of positive law, legal science, legal consciousness in digital measurement; disclosure of some features of law-making on the Internet; identification of separate aspects of right realization in virtual space. The methodological device of this research is based on dialectic understanding of surrounding life in which borders between real and virtual space have flexible character. At the same time use of the system approach causing existence of various methods of scientific knowledge is inevitable. It is possible to distinguish from them structurally functional, legalistic, and comparative and other methods. Authors of article recognize the known pluralism of the used categories. However in this research the terms "virtual space", "digital space", "Internet space", "cyberspace" are used as synonyms. Results of the research can find the application in the sphere of jurisprudence and legal education. Also they can be considered in law-making processes.
References
Arkhipov, V. V. (2013). Virtual right: main problems of the new direction of legal researches. Jurisprudence, 2.
Crude, V. M. (2013). History and jurisprudence methodology: textbook. Moscow: Norm INFRA-M.
Duranske, B. T. (2008). Virtual Law. Navigating the Legal Landscape of Virtual Worlds. Chicago.
Henseler, H. & Van Loenhout, S. (2018). Educating judges, prosecutors and lawyers in the use of digital forensic experts. Digital Investigation, 24, Supplement.
Kartashov, V. N. (2005). Theory of legal system of society: manual. In 2 t. T. I. Yaroslavl: YarGU.
Pogodin, A. V. (2013). Structure of right realization, her subjects and backbone factors. Russian justice, 6.
Romashov, R. A. & Panchenko, V. I. (2017). The Internet as Information and Communication Environment, Instrument of Legal Communication and Object of Legal Regulation. Journal of Siberian Federal University Humanities & Social Sciences, 4(10).
Rostami, S. (2016). Juridical study of crimes committed with computer. Asian Social Science, 12(11).
Saripan, H. & Hamin, Z. (2011). The application of the digital signature law in securing internet banking: Some preliminary evidence from Malaysia (Conference Paper). Procedia Computer Science, 3.
Zakharova, M. V. (2017). National interest and (or) cold calculation: to a question of the competition of legal systems of the world. Legal education and science, 10.
Zharova, A. (2016). The salient features of personal data protection laws with special reference to cloud technologies. A comparative study between European countries and Russia. Applied Computing and Informatics, 12(1), 12-13.
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