This document contains a summary of the notes from the provided knowledge clips. It concerns the material for the 2nd year course JBL120 given in .*
* It is now replaced with a 1st year course as well. I think there is a lot of overlap between the materials, but I cannot assure that it contains ...
Cluster 1: Introduction to Law and Data Science
Law is a set of rules that govern and guide actions and relations among and
between persons, organizations, and governments.
Rights:
Absolute rights: rights that can be exercised against all others.
Relative rights: right that can only be exercised against one or more
determine persons.
Objective: the law
Subjective: my rights; when it can be applied / limited
Law consists of norms regulating human behaviour and rules that organise the
state.
Legal norms: legal effect follows legal norms.
Rule by Law: refers to monarchs that would enforce their will by making laws.
Rule of Law: refers to a democracy that wants people to behave the ethical way
by laws. It is also called a constitutional democracy. This is divided into three
branches that are independent:
1. Judicial function: adjudicates disputed, deciding how a disagreement
should be settled. Courts
2. Legislative function: determine rules that will govern the process of
adjudication. Legislation tells judicial function how to adjudicate.
Parliament
3. Executive function: ensure, first, that the disputing parties submit to
adjudication in the first place, and second, that they actually comply with
the settlement eventually reached through the judicial process.
Government, eg. police
This is a system of checks and balances.
Principles are abstracter than rules, but form the background of legal rules.
Used to solve conflict of multiple rules. Legal rules are judge made or by
legislator (in verdict or codes).
The source of law refers to the source of knowledge1 about the law, as they are
constitutive of law.
It provides:
o Legal norms with authority based on their origin,
o Legal norms binding in their effect.
To ensure legal certainty, only six sources provide legal norms and makes them
binding:
1. Treaties: bind states that have signed and ratified them. Constitute law
between states.
1
Source of knowledge: where or how we can find the answer to questions.
, 2. Legislation: general legal norms on those that share jurisdiction. Binding
for all subjects.
3. Case law / Judicial Decisions: result of applying binding legal norms and
a source.
4. Customary law: used in absence of written law.
5. Doctrine: body of texts published by lawyers of standing. Develop specific
interpretation.
6. Fundamental principles of law: principles implied in other legal
sources. Not rules but philosophy.
Law can be split into three legal domains:
Private law: refers to relationships between private individuals or legal
entities, companies.
Public law: area that governs the state and its relationship with
individuals and entities.
Criminal law: public law specific on crime areas.
Each domain had different actors. Prosecutor → criminal law.
An actor can also take an active or passive role. Active: actor takes actions by
himself. Passive: actor only takes actions after someone asked him to.
In the civil law system the judge must apply the law. The law can be interpreted
via different methods:
Grammatical / linguistic: literal meaning.
Historical: reveal the intent of the legislator that made the rule.
Systematic: considering broader context in which a provision is listed.
Teleological: focus on the purpose of the law.
The judge must provide argumentation of the verdict: legal equality, legal
certainty.
- Major: if A then B (legal norm)
- Minor: A is the case (facts)
- Conclusion: B (legal effect)
Jurisdiction: the official power to make legal decisions and judgements.
EU law:
Primary law: Treaties (agreements between countries)
Secondary law: Decision, Directive, Regulation
A directive is, given EU level, countries have to make their own law, in
compliance with the laws in the EU. Flexibility in how to implement.
A regulation is directly applicable in all member states. The countries cannot
change this law.
The council of Europe is the continent’s leading human rights organization. They
promote human rights via international conventions. The European Court of
Human Rights oversees the implementation of the Convention in the member
states.
Regulation can be far broader than law. Rules accompanied by mechanisms of
monitoring and enforcement. Or a method to change behaviour.
How can we regulate human behaviour.
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