The Complex Systems and Intelligence Emergence:A Paradigm for Future Digital Law Research
The current research on digital law lags behind the development of digital technology,and the main rea-son is that the research paradigm is relatively obsolete and not updated in time.Existing digital research fol-lowes the traditional legal paradigm,namely reductionism,"binary of subject and object",linear thinking and other basic ideas and methods,which in consequence leads to the problem of cognitive problems about the integrity of the digital system,the uniqueness of information operation law and information,and the tran-scendent status of information in the"binary of subject and object"and etc.Tanking into consideration of the fact that both the digital system and offline social life system fall into"complex system"of the modern and contemporary complexity science,the complexity theory has important significance for the study of digital law,among which the theory and new paradigm about"self-organization","self-adaption"and"emergence"phenomenon,suit the development and evolution of the current digital system and offline social system,it therefore can be a starting point to explore the possibility of establishing future digital law research paradigm.To establish digital law research paradigm,it should first be clear about the systemic environmental charac-teristics upon which the digital law depends,namely the digital environment with technical,public sharing,public,service and security system characteristics,and then it can put forward preliminary idea about the fu-ture research paradigm of digital law,namely the combination of reductionism and integrity,the combination of technology and law,the combination of positivism and rationalism and the combination of"man"and"ma-chine".
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