Social Technologies and Principles of Criminal Justice in the Context of its Digitalization release_dmizwh5jkrc7vhxe75oggcodoq

by V. I. Przhilenskiy

Published in LEX RUSSICA (РУССКИЙ ЗАКОН) by Kutafin Moscow State Law University.

2020   p84-92

Abstract

The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people's actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.
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Date   2020-04-14
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