Sergey N. Gavrilov
Center for the Implementation and Operation of the Integrated Information System of the Russian Advocacy, Russian Federal Bar Association, Moscow, Russia, firstname.lastname@example.org
Abstract. The processes of digital transformation taking place in the legal sphere involve the development of machine-reading and machine-execution technologies. The choice of methodological guidelines, in particular, in the basis of the process of machine reading of law, depends on which path the further perception of law will take, not only by the machine, but also by the person himself. The author aims to develop key methodological approaches to the technology of machine-reading law.
The argumentation is based on general scientific and private methodologies. At the same time, the synectic method is used as the main one, i.e. as a method of comparing heterogeneous entities, which allows finding similar solutions in various fields of knowledge and practice. This method can be recognized as a key one in the field of artificial intelligence, since the very idea of its construction is basically synectical: this is an attempt to produce with the help of a machine some kind of artificial intelligence as an analogue of natural.
The article compares, on the one hand, the use of artistic techniques in ancient and medieval painting; on the other hand, the perception of human rights on an intuitive, sensory, conceptual level. The validity of the proposed approach is due to the nature of the very process of human perception of reality, including the legal one. Based on the results of the application of the techniques of “multiapproach” and “multi-perspective” in painting and iconography, the author comes to the conclusion that when obtaining data on law as an object of machine reading, one should choose not only one approach and/or method (methodology), but apply various, even contradictory one, considering them as non-competing. At the same time, it is necessary to take into account the multidimensionality of law, its ontological dialogueness and dynamism. In the context of the use of machine-reading technologies, it is proposed, in particular, the construction of a multi-script (multi-scenario) dynamic model of the life cycle of the act of realization of the right (as an act of compliance, execution, use, application of the rule of law), under all possible scenarios of its (act) development.
Keywords: digital transformation, artificial intelligence, machine reading of law, machine execution of law, synectics, legal understanding, legal perception
For citation. Gavrilov S. N. Methodology of Machine Perception of Law Based on a Synectical Approach. Journal of Russian Law, 2022, vol. 26, no. 12, pp. 30—44. (In Russ.) DOI: 10.12737/jrl.2022.126
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