scholarly journals The death of law? Computationally personalized norms and the rule of law

2021 ◽  
Author(s):  
Timothy Endicott ◽  
Karen Yeung
Keyword(s):  
Rule Of Law ◽  
Data Analytics ◽  
Big Data Analytics ◽  
Data Driven ◽  
Public Agency ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Private Agency ◽  
Policy Goals ◽  
The Law

The emergent power of big data analytics makes it possible to replace impersonal general legal rules with personalized, particular norms. We consider arguments that such a move would be generally beneficial, replacing crude, general laws with more efficiently targeted ways of meeting public policy goals and satisfying personal preferences. Those proposals pose a radical, new challenge to the rule of law. Data-driven legal personalization offers some benefits that are worth pursuing, but we argue that the benefits can only legitimately be pursued where doing so is consistent with the agency that the law ought to accord to individuals and with the agency that the law ought to accord to public bodies. The principle of public agency is a prerequisite for the rule of law. The principle of private agency depends on the rule of law. Each is incompatible with the unrestrained computational personalization of law.

scholarly journals Data-driven prediction of judgment. Law’s new mode of existence?

2020 ◽  
Author(s):  
Mireille Hildebrandt
Keyword(s):  
Rule Of Law ◽  
Data Analytics ◽  
Big Data Analytics ◽  
Legal Protection ◽  
Data Driven ◽  
The Novel ◽  
Driven Systems ◽  
The Rule Of Law ◽  
Positive Law ◽  
Legal Effect

This chapter enquires into the upcoming domain of data-driven ‘law’, that is, into the use of big data analytics and predictive technologies as a means to inform the law. I will argue that this may transform the ‘mode of existence’ of law, due to the novel ‘affordances’ of data-driven systems. In the first part I will investigate the promises of legal decision-making based on the mathematical assumptions of machine learning, opening the black box of algorithmic ‘insights’ at the level of the underlying research design. In the second part I will examine the nature of modern positive law as text-driven law, by highlighting the performative nature of legal effect and how this relates to the force of law. Finally, I will identify some of the challenges presented by data-driven ‘law’ in terms of legal protection. This will result in a proposal to integrate ‘by design’ approaches into law and the rule of law, clarifying how and why ‘legal protection by design’ is not equivalent with ‘legal by design’ or ‘techno-regulation’.

The Restatements and the Rule of Law

2020 ◽  
pp. 527-550
Author(s):  
Kristina Daugirdas
Keyword(s):  
Rule Of Law ◽  
Foreign Relations ◽  
Customary International Law ◽  
The Rule Of Law ◽  
Legal Rules ◽  
The Third ◽  
American Law ◽  
The Law ◽  
Compliance With The Law ◽  
Domestic Level

This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the Restatements might promote the rule of law by promoting compliance with the law. Ultimately, the Third and Fourth Restatements have taken quite different approaches to promoting the rule of law. To some extent these different approaches are a consequence of changes in the legal landscape over the past three decades. They also reflect different choices that the reporters and the American Law Institute have made about how to carry out the project of restating foreign relations law.

scholarly journals Magna Carta And Its Significant Role For Rule Of Law In The Republic Of Macedonia

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 86-98
Author(s):  
Ivana Shumanovska-Spasovska ◽  
Konstantin Bitrakov
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Great Influence ◽  
Executive Branch ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Republic Of Macedonia ◽  
Magna Carta ◽  
The Law ◽  
The Republic

Abstract One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority (or the executive branch of power) is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional (and legal) systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia.

HYPERLEXIS AND THE RULE OF LAW

Legal Theory ◽  
2021 ◽  
pp. 1-23
Author(s):  
Vincent Chiao
Keyword(s):  
Rule Of Law ◽  
Alternative Conception ◽  
Administrative State ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Space Of Reasons ◽  
The Law

Abstract On a popular understanding, the rule of law is valuable because it enables people to plan their lives. However, planning conceptions of the rule of law are undermined by the sheer quantity of legal rules, regulations, and policies characteristic of modern administrative states. Under conditions of hyperlexis, people cannot reasonably be expected to reliably use the law as a guide to conduct. Rather than conclude that the rule of law is inimical to the administrative state, however, I defend an alternative conception of the rule of law. On what I term a contestatory conception, the rule of law requires an adequate opportunity to challenge decisions made by officials in the exercise of their legal powers. The animating idea of a contestatory conception of the rule of the law is that officials should relate to citizens in the space of reasons rather than merely through the exercise of power.

The Impersonal Rule of Law

1992 ◽  
Vol 5 (2) ◽  
pp. 299-308 ◽  
Author(s):  
Kenneth Henley
Keyword(s):  
Rule Of Law ◽  
Practical Wisdom ◽  
Political Community ◽  
The Political ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Internal Morality ◽  
Political Ideal ◽  
The Law ◽  
Rules And Standards

The rule or supremacy of law is a political ideal requiring that the authority of the political community be exercised only within the confines of ordained structures, established procedures, and known legal rules and standards, creating reasonable expectations on the part of those subject to the law. Recent accounts of this ideal often include a list of principles or precepts of the rule of law. Lon Fuller’s list has been rightly influential: generality of law, promulgation, non-retroactivity, clarity, consistency of laws, not requiring the impossible, constancy of law through time, and congruence between official action and declared rule; these principles of the ‘internal morality of the law’ can conflict with each other, so that practical wisdom is required in balancing their demands.

scholarly journals What is the Law?

2009 ◽  
Vol 40 (3) ◽  
pp. 597
Author(s):  
Lord Bingham
Keyword(s):  
Rule Of Law ◽  
Civil Law ◽  
Appellate Courts ◽  
The Rule Of Law ◽  
Legal Rules ◽  
The Law

This is the text of the 2008 Robin Cooke Lecture delivered by Lord Bingham on Thursday 4 December 2008. The author argues that the rule of law dictates that the law should be accessible, intelligible, clear, and predicable. First, citizens must be able to find out without undue difficulty regarding any criminal punishments or liability. Secondly, if the civil law confers enforceable rights or obligations, it is important to know what those rights and obligations are. Thirdly, the successful conduct of trade, investment and business generally is promoted by a body of accessible legal rules governing the rights and obligations of the parties. The author then turns to judges and explores several issues for the nature of judgments. First, Lord Bingham asks who the judge is addressing when giving judgment. Secondly, the author explores the "essential ingredients" of a judgment. Thirdly, the author explores the qualities of good judgments. Finally, the judge asks whether multiple judgments in appellate courts are desirable. The author concludes that an undue willingness in a judge to innovate subverts the very principle that he described in the article and commends Lord Cooke for his role as a simplifier, clarifier, and an expounder of law.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

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