Systemology of Information Law

Abstract

Introduction. The lack of a coherent legal systemology and its constituent part – information law systemology – prevents the formalisation of evidence-based solutions for the basic theoretical problems of the enforcement and the interpretation of law in the conditions of the coming information society. The development of an appropriate formal-theoretical apparatus and science and methodical base is possible only on the basis of a productive systemological concept. The justification for this concept is based on the study of philosophical foundations and fundamental principles (including integrity, dynamic equilibrium, entropy minimisation, necessary variety, and feedback) and the use of logical and linguistic methods of the so called “ICS”-approach (“information, cybernetic and synergetic”). Theoretical Basis. Methods. This was an “ICS”- approach with conceptual and logical modelling of systems of legal regulation, information sphere (infosphere), information legal relations, information worker, system analysis and classification of base types and forms of existence together with the qualitative manifestation of legal information in ergasystems. Further, synthesis and modification of private scientific results of the author published between 2005–2021 (copyrighted author’s scientific works) and educational books were also used. Results. Elucidation and development of the base components of the science and methodical base of an information law systemology. This includes the conceptual and logical model of the infosphere (taking into account digital transformation), legal ergasystem, and stereotypical information legal relations. Information workings are developed, basic concepts and methodological principles and methods of modern information law systemology are updated. A system organisation is identified, also a logical decomposition of the object of the information law industry is carried out. Corresponding complexes of legal norms are defined, as are identifications of quantity and quality conditions for the efficiency of the legal regulation of information relations in the infosphere. A multilevel system of pragmatic principles of legal interaction in infosphere is also defined. Discussion and Conclusion. This has developed the base components of the scientific and methodical base of information law systemology providing a methodological basis for the development of an adequate formal-theoretical apparatus. This allows the formalisation of the decisions of the main theoretical problems of enforcement and law interpretation, as well as the development and implementation of special information and legal technologies based on the concept of information and functional databases – as well as knowledge to ensure the increase of the informational effectiveness of the legal ergasystems as an “ICS-systems”. This is all subject to subjective organising of human activity and the objective synergetic processes of disorganisation.