North Caucasus Legal Vestnik

Abstract

IntroductionIntroduction. Law, like any other phenomenon, goes through certain stages in its development. Due to the widespread scientific discussion of the question of the meta-direction, questions arise about its ontological status and the theoretical and legal foundations of its research, which require their resolution.PurposePurpose. The development of the scientific problem of the formation of a metalaw, including the search and study of ontological trends in the formation of law in the modern world, the epistemological prerequisites for their knowledge, the study of technological prerequisites and models that determine the processes of law implementation in the applied science of law – jurisprudence. Identification of the prevailing trend in the legal development of society, its social, political and scientific foundations, from which follows the understanding of the meta-trend, its content and methods of cognition, the substantiation of the scientific hypothesis of the meta-trend.MethodsMethods. A critical approach to research methodology based on the paradigm of consciousness reflecting being, which allows taking into account certain cognitive techniques of traditional methodology based on an understanding of the unreasonableness of the second "edition" of old metaphysics, the shortcomings of which were substantiated by I. Kant ("blind" following the subject). Marx's theses on Feuerbach (ignoring sensual human activity), with the predominant application of the paradigm of scientific creativity based on freedom of thought, the doctrine of reason and reason, intuition, realized in the study of the subject of research as a scientific problem through the development and testing of scientific hypotheses.Results and conclusionsResults and conclusions:– substantiation of the limitations of the modern methodology of cognition of law, based on the paradigm of reflection of being by consciousness, and the need to develop and apply methods and principles of scientific creativity in cognition and implementation of meta-law, substantiation of new, adequate research principles;– substantiation of the concept of the naturalness of the evolution of valid law, based on the unity of the physical and (social) moral nature of man and the evolution of artificiality, virtuality, and the appearance of law, created as wrong, but presented as valid law;– establishing the difference between the two worlds of law: by subjects: in actual law, the subject of law is a specific living, free, reasonable person. In the visible, virtual world of law, a legal subject is an abstract character on the stage of history, described in fiction, fiction, shown in photos, movies, television, an average person whose mask does not correspond to a specific living person.It is shown that artificial intelligence is a tool for creating both worlds of law – natural and virtual artificial. It is created by representatives of a relatively new profession – conventionally called "IT specialists" – developers, operators, owners and users of mass media, authorities whose activities can and should be regulated by the state, through the creation and functioning of an adequate regulatory and legal system that defines the status and content, the scope of application of artificial intelligence, for which in the current positive law there is an established system of technologies, according to which the initial format of the named system is already being created, and its potential will be in great demand in the future. A "new" master" (artificial intelligence) has appeared in the workshop for the "production" of virtual worlds, where they are created and tested for adequacy to a developing living, intelligent person.The validity of the use of the term "artificial intelligence" in the modern scientific legal literature of Russia is analyzed. It is shown that the current understanding of intelligence in the scientific humanitarian literature unambiguously means the ability of a living specific person, which does not allow simply "transferring" the term to express processes that are not expressions of cognitive processes occurring in the human brain to the processes of obtaining and organizing knowledge through the use of technical means.Based on the draft Federal Law "On the basics of legal regulation of the fields of artificial intelligence (art. 3), you can use the term "simulator", or, in extreme cases, take the term "intelligence" in a phrase with the word artificial in quotation marks. This could counteract the mythologization of artificial intelligence, which generates all kinds of "horror stories" that really and negatively affect the consciousness of a very large number of contemporaries, especially since the instrument of its regulation, the legal regulatory system, remains entirely under the jurisdiction of the state.