Global challenge of digitalization as a condition for the development of casuistry

Abstract

The work of Roman jurists laid foundation for the theory of legal casuistry. Certain elements of rhetoric, such as metaphors that evolved in Roman law, were reflected in the language of legal science. A contemporary evaluation of legal casuistry involves considering new trends in the development of society. “Artificial intelligence” serves as a metaphor in law; therefore, a more detailed examination of information legal relations in modern contexts is essential. Legal casuistry acts as a supplementary tool in legal processes; its components enable logical, legal, psychological and philosophical assessments and interpretations of legal relations. This tool allows for tracing the anthropological essence of social relations, evaluating the exhaustiveness and certainty of legislative activities, and serves as a criterion for defining the boundaries of legal institutions’ existence. Leveraging legal casuistry is essential for analyzing and evaluating both established and emerging dynamic information legal relations.

Keywords

• legal casuistry
• rule making
• law enforcement
• legal regulation framework
• interpretation
• information legal relations
• digitalization