Law as an innovative system: theoretical approach
https://doi.org/10.52468/2542-1514.2025.9(1).5-14
Abstract
The subject of the study is the extrapolation of the main provisions of innovation to the legal form of social existence. The purpose of the article is to disclose and systematize the key elements of understanding law as an innovative system.
Methodology. The methods of conducting this research include the formal logical method, historical and comparative legal methods, the method of systems analysis, the method of abstraction and the method of legal forecasting.
The main scientific results. Since the innovative paradigm of the functioning and development of society, as well as individual spheres of public life is all-encompassing, it is not possible to consider law as just a simple regulator of innovative processes. The authors propose to expand the concept of legal innovation in the direction of seeing in it a reflection of the paradigm of innovative development of law in general and the legal system in particular. In other words, there is a transition to a new phase of development of the systemic-structural, as well as synergetic approach to law.
The paper moves from considering the concept of “legal innovation” as one of the concepts in the family of concepts that reveal the process of updating the law, to considering the law as an innovative system in which the renewal of legal reality in the unity of its normative and technological aspects is placed on the basis of special mechanisms.
Achieving a common understanding of the content and structure of the legal innovation process, as well as the corresponding system, including subjects of innovative legal activity and an institutionalized ecosystem, should be supplemented in the future by modeling the segments of the legal innovation system inherent in lawmaking and law enforcement. Consideration of the relationship between innovation and tradition in law was continued in the formulation of the problem of balancing the innovation process, which means building a relationship between different innovations in the mainstream of synergy.
Conclusion. The development and perception of ideas of legal innovation, fueled by the ideas of law as an innovative system, can have a stimulating effect on the development and deepening of seemingly traditional concepts of law - libertarian, communicative, hermeneutic, etc. Indeed, the condition of the legal innovation process is the freedom of action of the subjects of the legal innovation system, which has legal limits. In turn, the innovation process in law is a special communication environment that requires not only its proper organization, but also study. In addition to the above, new subject fields appear for the application of the hermeneutic concept of law, since any legal innovation is a kind of project that requires understanding and interpretation.
About the Authors
M. V. Shugurov
Saratov State Law Academy
Russian Federation
Russian Federation
Mark V. Shugurov – Doctor of Philosophy, Associate Professor; Professor, Department of International Law
104/3, im. N.G. Chernyshevskogo ul., Saratov, 410056
ResearcherID: R-6977-2016
AuthorID: 484221
A. A. Vasiliev
Altai State University
Russian Federation
Russian Federation
Anton A. Vasiliev – Doctor of Law, Associate Professor; Head, Department of Theory and History of State and Law
68, Sotsialisticheskii pr., Barnaul, 656049
ResearcherID: N-8386-2016
AuthorID: 619569
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For citations:
Shugurov M.V., Vasiliev A.A. Law as an innovative system: theoretical approach. Law Enforcement Review. 2025;9(1):5-14. https://doi.org/10.52468/2542-1514.2025.9(1).5-14
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