Methodological Foundations for the Study of Private and Public Law in the Context of Legal System Transformation

Abstract

Relevance of the Topic. In today’s context, the classical division of law into private and public law is increasingly proving insufficient to explain new forms of legal regulation, highlighting the urgency to rethink the methodological approaches of legal science.

Objective. The objective of this article is to identify the main directions for updating legal methodology in the context of digitalization, cross-sectoral convergence, and changes in models of legal regulation.

Methods. A systemic approach was applied to analyze the transformation of the legal system as a holistic phenomenon; a structural and functional method was used to study changes in legal regulation mechanisms; and an interdisciplinary approach was employed to assess the impact of digital technologies and algorithmic governance on the development of law.

Results. It has been established that the current transformation of the legal system is accompanied by a gradual blurring of the boundaries between private and public law. It is substantiated that digital platforms, algorithmic systems, and non-state mechanisms of normative influence are forming new models of legal regulation that combine elements of private-law and public-law influence. It is demonstrated that the traditional normative approach no longer provides a complete understanding of contemporary legal regulation processes, as a significant portion of regulatory influence is exercised through digital infrastructure, algorithms, and the internal rules of private entities. It has been established that the development of algorithmic governance is changing traditional notions of legal argumentation, discretion, and mechanisms for ensuring human rights.

Conclusions. The necessity of developing an integrative methodology for the study of law, which combines normative, functional, axiological, and interdisciplinary approaches, has been substantiated. It is noted that such a methodology allows for the study of law as a comprehensive mechanism of social regulation in the context of society’s digital transformation and changing models of normative influence. It is determined that further scientific study on issues of algorithmic regulation, the limits of private normative influence in the digital environment, and the transformation of legal methodology in the context of the development of artificial intelligence is required.