The Innovative Nature of Law. Problem Statement

The central issue of the paper is the innovative potential of law. Much attention is given to the emergence of law, its relationship with religion, and other social regulators. The emphasis is on the fact that law (not law) has a divine origin. This is how its nature was understood in the ancient world. It is shown how there gradually appeared awareness of law as a means of constructing the desired social reality. This paradigm is associated with the university medieval legal science, which saw law as a model of a rationally organized society. University professors taught students not «practical» law, but methods of working with it, so that law could be perceived as a model for building rationally based social practices, a just society based on law. Attention is drawn to the fact that it is the Romano-German (continental) legal system that more than others emphasizes the innovative nature of law and the desire to use it as effectively as possible. The necessity of changing concepts is indicated: «law regulates» — «law creates». This is the purpose of innovative jurisprudence, which creates legal mechanisms for development in the broadest sense of the word. It is proved that the leaders in the legal field will be those educational and scientific centers that will create a «legal environment for promising social practices and new markets» in order to ensure the technological superiority of Russia.

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