Data Science Regulation & Law
Cluster 1 - Introduction to Law and Data Science
Lecture 1
What is law?
- Rules that govern and guide actions and relations among and between persons,
organisations, and governments.
- The discipline and profession concerned with the customs, practices, and rules of
conduct of a community that are recognized as binding by the community.
Absolute vs. relative rights
- Absolute rights are rights that can be exercised against all others (e.g. property
right, right to privacy). → A common example is a property right: if you own
something, like a phone or a house, your ownership gives you the right to exclude
everyone else from interfering with that property. Only you can decide what happens
to it. For instance, if you own a house, no one else has a say in who you sell it to or
how you use it.
- Relative rights are rights that can only be exercised against one or more determined
persons (e.g., loan). → For example, if you take out a loan from a bank, the rights
and obligations arising from that loan only apply between you and the bank, not to
anyone else. You can only claim your rights against the party involved in the contract,
not against others.
Objective (the law) vs. subjective law/rights (my right, e.g., free speech)
- Objective law/rights refer to legal principles or rights that exist independently of
individual circumstances or cases. They represent the general and established legal
frameworks, such as the right to free speech. For example, freedom of expression as
a general right is part of objective law, meaning it applies universally as a principle.
- Subjective law/rights concern the application of these objective principles to
specific situations or individuals. When discussing how a right like freedom of
expression applies in particular cases—whether it is limited, balanced against other
rights, or restricted due to competing interests (e.g., hate speech)—we are talking
about subjective law. It's the interpretation or limitation of the general right in
practice.
Purposes of law
The law consists of norms regulating human behaviour and rules that organise the state.
The purpose of law has different roles in society:
- Establishing standards - Resolving disputes
- Maintaining orders - Protecting liberties and rights
,Moral norms vs. legal norms
- Norms will be talked about in a later class, but for now, note that there is a difference
between moral and legal norms.
- Legal norms refer to the legal effects that follow the moral norms. These norms have
real-world consequences. The law is precise, and once a legal norm is established, it
creates definitive effects in the world. For example, the way a crime like "murder" is
defined in one legal system versus another can determine whether a person is found
guilty or goes free. This shows the importance of definitions in law, as they shape
real outcomes.
Functions of law
Rule of law’ vs. ‘rule by law’
- Rule by law refers to a system where rulers, such as kings or queens, create and
use laws to enforce their own will and rule society as they see fit. In such a system,
the law is subordinate to the ruler, meaning they are not bound by it, and this can
lead to abuse of power, as historical examples have shown. A contemporary example
mentioned is presidential immunity, which is controversial in various jurisdictions,
including the USA
- Rule of law means that the law applies to everyone, including those in power. It
involves a system of governance where society is divided into three independent
branches: legislative, executive, and judicial. These branches operate through a
system of checks and balances, ensuring accountability and preventing abuse of
power. Meaning, these three branches are ‘checking’ each other and ‘balancing’ the
society. They function independently from each other but they are all accountable to
each other through a system of checks and balances. This represents a system
where laws govern society (rule of law), and no one is above the law (rule by law).
There are three functions of government and their roles, which are regulated by a system of
checks and balances. Each branch is accountable to the others.
- Legislative function (legislature): determine the rules that will govern the process of
adjudication. Legislation tells the judicial function how to adjudicate. It makes the
laws that govern society and outlines how the judicial function should operate. For
example, the legislature defines the scope of the law, sets penalties, and determines
limits, such as fines. Courts must follow these rules and cannot impose penalties
outside what is set by the legislature.
- Executive function: ensures, first, that the disputing parties submit to adjudication in
the first place, and in the second, that they actually comply with the settlement
eventually reached through the judicial process. The executive includes the
government, ministries, and agencies like the police. It is responsible for
implementing the laws made by the legislature and ensuring that the state functions
properly.
- Judicial function: adjudicates disputes, deciding how a disagreement should be
settled. It resolves disputes by applying and interpreting the law. Courts have a dual
(double) role/obligation: they apply the law as written by the legislature and interpret
it to ensure it aligns with constitutional rights. The judiciary also serves as a check on
the legislative function, ensuring laws are consistent with democratic principles and
do not overstep legal limits.
,There are three branches of governance within a
constitutional society, emphasising the importance of
legal principles in their duties.
1. Legislature: responsible for making the laws
that govern society.
2. Executive: includes the government, ministries,
and police, ensures that the state functions
effectively and implements the laws created by
the legislature.
3. Judiciary: applies and interprets the laws. It
resolves disputes and ensures that all laws are
applied equally to everyone, including members of the executive and legislative
branches. A critical aspect of the judicial role is to interpret laws in a way that aligns
with constitutional rights, preventing any laws from contradicting the Constitution.
This dual obligation of the judiciary—applying and interpreting the law—is vital in
maintaining the integrity of the legal system.
Principles and rules: legal rules vs. legal principles
- Legal rules are specific laws established by legislatures or through judicial
decisions. They provide clear guidelines for behaviour and decision-making. Judges
do not simply apply these rules; they also consider underlying legal principles and
previous case law that may not be explicitly written in the constitution. This approach
helps maintain the integrity of constitutional democracy.
- Legal principles are more abstract than rules and serve as the foundation
(background) for legal rules. Principles can be used for interpretation, completion, or
correction of legal rules. They are philosophical in nature and must be considered
seriously during the law-making process. Unlike rules, principles do not have a binary
application (either apply or don’t apply); their relevance may vary based on the
context of the case.
- In practice, multiple rules may not be applicable simultaneously, leading to
conflicts. In such cases, legal principles help determine which rule takes
precedence by reflecting on the original intent of the law and weighing the
competing rights involved.
- Not all rules are legal rules. "E=mc²," chess rules, or classroom policies (no eating or
drinking in the lecture room) illustrate that not every rule qualifies as a legal rule.
Legal rules specifically refer to those established by judges or legislators.
Sources of law | Important to know for the exam!
1. Treaties bind states that have signed and ratified them, meaning that simply signing
a treaty is not sufficient. After signing, states must incorporate the treaty into their
national legal systems for it to be enforceable. Treaties can be made between two or
more states and include significant agreements like human rights conventions and
treaties that establish the EU.
2. Legislation (including the Constitution) imposes legal norms on those within a
jurisdiction. Jurisdiction refers to the scope within which laws apply, such as the laws
enacted by a country’s parliament. Not all countries have a single written constitution;
for example, the UK operates with various documents, case law, and principles that
function as its constitutional framework.
, 3. Case law/judicial decisions are made by the court. This refers to the legal
precedents established by court rulings. Not all countries have a written constitution,
meaning that case law can exist in countries without a written constitution. This
provides a body of judicial decisions that guide legal interpretation and application. It
protects citizens by defining constitutional rights against the state and other
individuals.
4. Customary law arises in the absence of written law and is based on two main
components: (1) a habit of acting consistently in a certain way within a society, and
(2) a shared belief among members of that society that this habitual behaviour
represents a duty to act in that manner. Thus, habitual practice is a consistent way of
acting within a society over a period of time. This habitual behaviour becomes
accepted as the norm. When it comes to shared belief, the members of a society
must collectively recognise this behaviour as a binding duty or obligation, meaning
they believe that they ought to act this way.
Cluster 1 - Introduction to Law and Data Science
Lecture 1
What is law?
- Rules that govern and guide actions and relations among and between persons,
organisations, and governments.
- The discipline and profession concerned with the customs, practices, and rules of
conduct of a community that are recognized as binding by the community.
Absolute vs. relative rights
- Absolute rights are rights that can be exercised against all others (e.g. property
right, right to privacy). → A common example is a property right: if you own
something, like a phone or a house, your ownership gives you the right to exclude
everyone else from interfering with that property. Only you can decide what happens
to it. For instance, if you own a house, no one else has a say in who you sell it to or
how you use it.
- Relative rights are rights that can only be exercised against one or more determined
persons (e.g., loan). → For example, if you take out a loan from a bank, the rights
and obligations arising from that loan only apply between you and the bank, not to
anyone else. You can only claim your rights against the party involved in the contract,
not against others.
Objective (the law) vs. subjective law/rights (my right, e.g., free speech)
- Objective law/rights refer to legal principles or rights that exist independently of
individual circumstances or cases. They represent the general and established legal
frameworks, such as the right to free speech. For example, freedom of expression as
a general right is part of objective law, meaning it applies universally as a principle.
- Subjective law/rights concern the application of these objective principles to
specific situations or individuals. When discussing how a right like freedom of
expression applies in particular cases—whether it is limited, balanced against other
rights, or restricted due to competing interests (e.g., hate speech)—we are talking
about subjective law. It's the interpretation or limitation of the general right in
practice.
Purposes of law
The law consists of norms regulating human behaviour and rules that organise the state.
The purpose of law has different roles in society:
- Establishing standards - Resolving disputes
- Maintaining orders - Protecting liberties and rights
,Moral norms vs. legal norms
- Norms will be talked about in a later class, but for now, note that there is a difference
between moral and legal norms.
- Legal norms refer to the legal effects that follow the moral norms. These norms have
real-world consequences. The law is precise, and once a legal norm is established, it
creates definitive effects in the world. For example, the way a crime like "murder" is
defined in one legal system versus another can determine whether a person is found
guilty or goes free. This shows the importance of definitions in law, as they shape
real outcomes.
Functions of law
Rule of law’ vs. ‘rule by law’
- Rule by law refers to a system where rulers, such as kings or queens, create and
use laws to enforce their own will and rule society as they see fit. In such a system,
the law is subordinate to the ruler, meaning they are not bound by it, and this can
lead to abuse of power, as historical examples have shown. A contemporary example
mentioned is presidential immunity, which is controversial in various jurisdictions,
including the USA
- Rule of law means that the law applies to everyone, including those in power. It
involves a system of governance where society is divided into three independent
branches: legislative, executive, and judicial. These branches operate through a
system of checks and balances, ensuring accountability and preventing abuse of
power. Meaning, these three branches are ‘checking’ each other and ‘balancing’ the
society. They function independently from each other but they are all accountable to
each other through a system of checks and balances. This represents a system
where laws govern society (rule of law), and no one is above the law (rule by law).
There are three functions of government and their roles, which are regulated by a system of
checks and balances. Each branch is accountable to the others.
- Legislative function (legislature): determine the rules that will govern the process of
adjudication. Legislation tells the judicial function how to adjudicate. It makes the
laws that govern society and outlines how the judicial function should operate. For
example, the legislature defines the scope of the law, sets penalties, and determines
limits, such as fines. Courts must follow these rules and cannot impose penalties
outside what is set by the legislature.
- Executive function: ensures, first, that the disputing parties submit to adjudication in
the first place, and in the second, that they actually comply with the settlement
eventually reached through the judicial process. The executive includes the
government, ministries, and agencies like the police. It is responsible for
implementing the laws made by the legislature and ensuring that the state functions
properly.
- Judicial function: adjudicates disputes, deciding how a disagreement should be
settled. It resolves disputes by applying and interpreting the law. Courts have a dual
(double) role/obligation: they apply the law as written by the legislature and interpret
it to ensure it aligns with constitutional rights. The judiciary also serves as a check on
the legislative function, ensuring laws are consistent with democratic principles and
do not overstep legal limits.
,There are three branches of governance within a
constitutional society, emphasising the importance of
legal principles in their duties.
1. Legislature: responsible for making the laws
that govern society.
2. Executive: includes the government, ministries,
and police, ensures that the state functions
effectively and implements the laws created by
the legislature.
3. Judiciary: applies and interprets the laws. It
resolves disputes and ensures that all laws are
applied equally to everyone, including members of the executive and legislative
branches. A critical aspect of the judicial role is to interpret laws in a way that aligns
with constitutional rights, preventing any laws from contradicting the Constitution.
This dual obligation of the judiciary—applying and interpreting the law—is vital in
maintaining the integrity of the legal system.
Principles and rules: legal rules vs. legal principles
- Legal rules are specific laws established by legislatures or through judicial
decisions. They provide clear guidelines for behaviour and decision-making. Judges
do not simply apply these rules; they also consider underlying legal principles and
previous case law that may not be explicitly written in the constitution. This approach
helps maintain the integrity of constitutional democracy.
- Legal principles are more abstract than rules and serve as the foundation
(background) for legal rules. Principles can be used for interpretation, completion, or
correction of legal rules. They are philosophical in nature and must be considered
seriously during the law-making process. Unlike rules, principles do not have a binary
application (either apply or don’t apply); their relevance may vary based on the
context of the case.
- In practice, multiple rules may not be applicable simultaneously, leading to
conflicts. In such cases, legal principles help determine which rule takes
precedence by reflecting on the original intent of the law and weighing the
competing rights involved.
- Not all rules are legal rules. "E=mc²," chess rules, or classroom policies (no eating or
drinking in the lecture room) illustrate that not every rule qualifies as a legal rule.
Legal rules specifically refer to those established by judges or legislators.
Sources of law | Important to know for the exam!
1. Treaties bind states that have signed and ratified them, meaning that simply signing
a treaty is not sufficient. After signing, states must incorporate the treaty into their
national legal systems for it to be enforceable. Treaties can be made between two or
more states and include significant agreements like human rights conventions and
treaties that establish the EU.
2. Legislation (including the Constitution) imposes legal norms on those within a
jurisdiction. Jurisdiction refers to the scope within which laws apply, such as the laws
enacted by a country’s parliament. Not all countries have a single written constitution;
for example, the UK operates with various documents, case law, and principles that
function as its constitutional framework.
, 3. Case law/judicial decisions are made by the court. This refers to the legal
precedents established by court rulings. Not all countries have a written constitution,
meaning that case law can exist in countries without a written constitution. This
provides a body of judicial decisions that guide legal interpretation and application. It
protects citizens by defining constitutional rights against the state and other
individuals.
4. Customary law arises in the absence of written law and is based on two main
components: (1) a habit of acting consistently in a certain way within a society, and
(2) a shared belief among members of that society that this habitual behaviour
represents a duty to act in that manner. Thus, habitual practice is a consistent way of
acting within a society over a period of time. This habitual behaviour becomes
accepted as the norm. When it comes to shared belief, the members of a society
must collectively recognise this behaviour as a binding duty or obligation, meaning
they believe that they ought to act this way.
