“ENCHEIRIDIUM” FROM THE PERSPECTIVE OF FORMAL LOGIC

Abstract

The article is devoted to the topic of the practical side of logical thinking. This topic was relevant in previous times, remains and will remain so in our and subsequent periods of human history. The present has given the topic a special value in connection with the strengthening of the capabilities of “artificial intelligence”, which clearly constitutes and will constitute a competition for human consciousness. “Artificial intelligence”, from the technical one is actively moving to the so-called humanitarian sphere of human existence, has shown its capabilities in musical, literary and visual arts, in the office sphere, etc. [1]. “Artificial intelligence” is also mastering the law enforcement and judicial space [2]. On the one hand, this is a certain admiration, since hundreds of specialists are freed from tedious work, who can serve more important matters, production processes are noticeably accelerated, and the probability of technical errors is significantly reduced. However, there is also the opposite. Modern digital programs of “artificial intelligence” are built on the logic of process optimization, but do not at all, or to a large extent, reflect the moral, emotional, cultural and even linguistic features of social relations of certain communities. The above serves as a paradigm in the minds of both individual individuals and certain stable human groups, shaping the content of thoughts and behavior of any person. Historically, evolutionary paradigms do not coincide and will not coincide for some time with recently developed computer programs of social regulation. Just as the individual is the opposite even to his community and vice versa, and the community is the opposite of the individual, so any digital program of social regulation will oppose the historically formed culture of each community. Given that the general always eventually overcomes the particular resistance within it, as the latter loses its identity, it is not difficult to conclude that total digitalization will prevail over traditional methods of social regulation. The general in this case is the information and computer space, while legal information is the particular. This will happen as the relevant computer programs improve, on the one hand, and the old, traditional methods in law are eroded, on the other. Within the framework of the legal system in general, law enforcement, and judicial in particular, their partial “dehumanization” is inevitable. That is, even greater rationalization and formalization, which already distinguishes law and legal thinking from other branches of human activity.