Summary Data Science Regulation and Law (620087-M-6)
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Course
Data Science Regulation and Law (620087M6)
Institution
Tilburg University (UVT)
Summary of all the relevant information of Data Science Regulation and Law including the lectures and the reader. It contains all the relevant information one needs for the exam.
Law - Checklist
1. Purpose & function
2. Principles & rules
3. Sources of law & hierarchy
4. Argumentation & legal reasoning
5. EU and intl. law
Purpose & Functions - Concepts
Absolute rights: Can be exercise against all others (e.g. property right)
Relative rights: Can only be exercised against 1 or more specifically determined persons (e.g.
loan).
Objective law / right: the law or right in itself without taking context in consideration.
Subjective law / right: application of the objective law / right taking context into account.
o Everyone has the right to free speech (objective), but it can be limited in some
instances (subjective)
o The law is objective, my rights are subjective.
Purpose & functions
Establishing standards
Maintaining order
Resolving disputes
Protecting liberties and rights
Moral norms vs. legal norms
Moral norms: shared standards of what is right and wrong in behavior, established by a
culture or society.
Legal norms: formal rules established by a governing body, defining permissible and
prohibited actions within a society.
Law follows legal norms.
Rule by law vs rule of law
Rule by law: One governing power that would stand above the law and would have unlimited
power. Used to be the case in the age of monarchies.
Rule of law: All people are equal under the law, which means that no one is above the law.
Constitutional democracy today (or monarch in the UK and Netherlands).
Constitutional Democracy – Checks and Balances
In a constitutional democracy, the government is structured into three distinct but interdependent
branches: legislative, executive, and judiciary. This separation ensures a system of checks and
balances, preventing any single branch from acquiring unchecked power and preserving
democratic principles.
, Legislature (Parliament): Responsible for making the laws. Legislation tells
the judicial function how to adjudicate. (e.g. House of Representatives)
Executive (Government): Responsible for enforcing the laws. Ensure that
disputing parties submit to the law and comply with settlement reached
through judiciary. (e.g. Police)
Judiciary (Courts): Responsible for interpreting the laws. Decides how a
disagreement should be settled (e.g. judge)
Principles & Rules
Legal Principles: Derived from diverse sources such as constitutional provisions, cultural and
moral values, judicial precedents, and philosophical doctrines. Lay the groundwork for legal
rules, influencing their interpretation, supplementation, or modification.
Legal Rules: Formulated by either legislators, through the creation of statutes and codes, or
by judges, through decisions and verdicts that become part of case law.
Principles & Rules – Legal Domains
Private Law: Concerns the legal relationships and disputes between private individuals or
entities, addressing matters such as contracts, property rights, family issues, and torts. This
area of law primarily deals with issues not involving the state.
Public Law: Governs the relationship between the state and individuals, encompassing
various legal domains that regulate the structure and functioning of the government and its
interactions with citizens.
Criminal Law: A specialized subset of public law focused on defining and addressing crimes.
It establishes what constitutes criminal behavior and prescribes penalties for such offenses.
Principles & Rules – Interpretation Methods
Interpretability in Civil Law: In this system, judges are tasked with applying the law, which often
requires interpretation to determine its intent and application in specific cases.
Grammatical/Linguistic Interpretation: Interpreting the law based on literal, textual meaning.
'The Man on the Clapham Omnibus' (1903): Interpreting the law based on the standard of a
hypothetical reasonable rational person.
Historical Interpretation: Interpreting the law based on its legislative history and original
intent.
Systematic Interpretation: Interpreting the law based on its context within the broader legal
framework.
Teleological Interpretation: Interpreting the law based on its intended purpose or objective.
Sources of Law
Treaties: Agreements between states, legally binding for those who have signed and ratified
them, requiring adherence to the stipulated terms.
Legislation: Includes constitutions and other statutory laws that impose legal norms on
individuals and entities within a specific jurisdiction.
Case Law/Judicial Decisions: Rulings and interpretations made by courts, which contribute to
the legal system by setting precedents for subsequent cases.
Customary Law: In the absence of written law, comprises general practices that are accepted
as obligatory legal norms. Dynamic, adapting to new circumstances and discarding practices
that become redundant.
,Argumentation
Argumentation of the Verdict (Ratio Decidendi): The judge is required to provide a reasoned
explanation or rationale for the verdict.
Legal Equality & Legal Certainty: Ensuring equal treatment under the law and predictability
in its application.
Nulla Poena Sine Lege: A principle stating that one cannot be penalized for an action that is
not explicitly prohibited by law.
EU Law
Primary Law: Treaties - These are formal agreements between states or international entities,
establishing binding legal obligations.
Secondary Law:
o Decisions: Specific legal rulings binding on those to whom they are addressed, often
addressing particular issues or parties.
o Directives: Legal instruments requiring member states to achieve a certain result,
while leaving the methods and means to their discretion.
o Regulations: Laws that are binding in their entirety and directly applicable in all
member states without the need for national implementation. Accompanied by
mechanisms of monitoring and enforcement.
o (Recommendations/Opinions: Non-binding expressions that suggest or advise
particular actions but do not have legal force.)
Lessig’s Regulatory Modalities - Regulation
Regulation (according to Lessig): A deliberate and ongoing effort to change the behavior of
others to meet specific standards or goals, aiming to achieve a defined
outcome. This process often involves setting standards, gathering
information, and modifying behavior.
Regulation is a method for implementing and enforcing laws, while law
is the formal set of rules established by governing authorities.
Law: The use of legal rules and sanctions to regulate behavior.
Norms: Societal standards and expectations that guide behavior.
Market: Economic forces and incentives that influence behavior.
Architecture: Physical or digital structures that constrain or enable
certain behavior.
Cluster 2 – Private Law
Common law vs civil law
Common Law: A legal system where laws are primarily based on case law, which is the
collection of past judicial decisions and precedents, supplemented by statutes, formal written
laws enacted by a legislature.
Civil Law: A legal system based on comprehensive written codes and statutes, where statutes
are the primary source of law and case law plays a supplementary role in interpretation and
application.
, Obligations
Private law primarily concerns obligations.
Obligations are binding imperatives requiring specific actions or abstentions.
The enforcement of legal obligations can be achieved directly by ordering specific
performance or indirectly through remedies in cases of breaches. If needed this can be settled
through court.
In civil law systems, obligations typically originate from either contracts (contract law) or
wrongful acts (tort law).
In common law systems, obligations are also derived from contracts or torts, but their
interpretation and enforcement are heavily influenced by judicial precedents.
Applying Private Law
The diagram illustrates the process of applying private law:
1. Sources of Law: In civil law systems, the primary source is
statute law or codes, while in common law systems, it's
case law or precedent.
2. Formation of Rules: These sources inform the legal rules
that govern a given situation.
3. Facts and Actual Case: Accompanied by the specific facts
of a situation, these rules are applied to an actual case,
determining the legal framework.
4. Context of the Case: The unique details and context of the case, including any exceptions and
pertinent information, are assessed to establish whether the laws apply.
5. Resulting Obligation (if applicable): The outcome of this process is the identification of a
legal obligation, which is a duty or requirement arising from the facts as interpreted through
the applicable laws.
Answering Questions in the Exam
1. Identify doctrine - “This is a contract /property /tort law question”
2. State the rule that applies and describe the conditions and the outcome
3. Apply the rule to the facts of the case and check if all conditions are fulfilled
4. Address any exceptions and state if they apply
5. Conclude by reiterating who want what from whom and if they are correct.
Module 1 - Property Law
Definition
Property law encompasses the legal framework concerning ownership and property relationships
between individuals and objects. There are various categories of property:
Movables/Personal Property: In civil law referred to as "movables" and part of corporeal
goods, and in common law as "personal property," these are objects like furniture or vehicles
that can be physically relocated.
Immovables/Real Property: Known as "immovables" in civil law and part of corporeal goods,
and as "real property" in common law, this category includes land and structures affixed to it,
like buildings.
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