Introduction: Looking into the future (original) (raw)
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The law in the 21st century : a Sisyphean struggle to keep up with technological evolutions?
2018
Society has changed tremendously in the last decade. It still is in a transitional phase because of different technological developments. These evolutions affect our way of thinking, doing business, communicating, interaction and the work/life balance. Some argue that the legal framework will need a fundamental make-over as well. The question that arises is whether some of the existing long-standing legal principles are compatible with technological evolutions or whether new legislation will need to be adopted. The article will try to provide an answer to these fundamental issues through a case-study of recent evolutions in two different fields of law, namely the use of social media in court proceedings for procedural law and the introduction of self-driving cars in traffic for liability law.
With nearly a decade of experience in organizing the International Conference "Education and Creativity for a Knowledge-based Society", held in collaboration with the Academy of Scientists of Romania, TITU MAIORESCU UNIVERSITY of Bucharest launched in 2013, a new scientific challenge by organizing the International Conference on Law, European Studies and International Relations. At previous editions were presented more than 180 scientific works of some renowned professors, researchers and PhD students from Romania and abroad. Trilingual held in Romanian, English and French, the conference was attended by over 10 teachers from Spain, Italy, France and Israel universities. The conference volumes of the first two editions published by the Hamangiu Publishing House were distributed to each participant at the beginning of the conference and thereafter to the most reputed teachers in Romania, as well as academic libraries. These volumes are assigned ISBNs 978-606-678-642-3 and 978-606-27-0020-1. The International Conference of Law aims to reunite scientists, academics, researchers, PhD students, students and, last but not least, law practitioners to exchange and share their experiences and research results. The main theme regards the various aspects of the law reform in accordance with the new national, European and international trends, with focus on the practical challenges encountered and the solutions adopted. We sincerely believe that this important scientific event will be one of the most prestigious events on the national legal calendar, with international echo, providing an opportunity to discuss the current issues affecting the legal community, aiming to highlight new solutions and interpretations. In a world in which legal systems increasingly interfere, legal tradition needs a continuous upgrade to meet diversity. The Conference is based on the idea that law does not develop in an abstract way, but it is shaped by society, by the economic and social reality, by the intellectual, cultural and linguistic environments, and, especially, by immediate needs and by the identification of appropriate solutions. We invite you to be an open window to new interpretations!
The law of the future and the future of law : volume II
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Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union
Springer Open Access, 2023
This chapter examines the legislative and judicial dimensions of the digital rule of law in the EU and its current and future building. We argue that adjudication in EU law related to the digital rule of law is destined to grow as it is fostered by the new legislation in digitalisation and a proactive Court of Justice eager to interpret the rights enshrined under the Charter. The building of the digital rule of law takes the form of an increased reliance on the Charter in horizontal situations and an increasing application of the principle of proportionality before the courts, including a balancing of fundamental rights. In this chapter, we will examine the reasons for this growth in EU litigation within the digital field and whether this constitutes a positive development for the protection of the rule of law in the EU, thus making the rule of law great again in a time of ‘rule-of-law anxiety’.
Emerging Trends in 21st Century Legal Regulation Assembled ramblings of Brendan Guildea B.L. 1
World Legal Summit (Dublin), 2019
This short (2000 word) paper sets out some of the technical challenges for law makers and legal practitioners who grapple with new technologies. Some general features of the law making process are discussed which makes this paper accessible to non lawyers. This paper was presented at the Dublin iteration of the 2019 World Legal Summit held at the Distillery Building, Church Street on 1st August 2019. This event was run with the aim of improving dialogue between lawyers and technical experts. All comments and feedback welcome.
Law is a discipline in transition moving, among others, from a predominantly monodisciplinary dogmatic tradition towards more and more attention for multidisciplinary and empirical legal research, from a national to a more international and global orientation and from a research culture of ‘laissez faire’ towards more managerial control, rankings and research programming. Questions lying in wait are, among others: how can we revitalize doctrinal legal research in Europe in a way that it is up for the challenges of the future, such as the blurring of borders between European and national law, public and private law and state and non-state law and what does the multidisciplinary turn in legal research mean for the education of law students and starting researchers? Moreover, how should legal scholars react to the increased instrumentalization of law in order to avoid that legal research is reduced to a policy tool that is meant to ‘solve’ the major societal problems of today? We believe that what is required is not only more focus on methodology with a small ‘m’ concentrating on how to train new generations of academics to conduct different sorts of legal research. Just as much needed is more attention in research and education for the importance of methodology with a big ‘M’ aiming for (self- )criticism, awareness of the risk of advocacy scholarship and herd behavior and concentrating on slow science: theory-building with the intention to explain why law in a globalized world develops as it does.
The law in the information and risk society
Göttinger Juristische Schriften, 2011
My dear colleagues of the respectable and extremely renowned law faculty of the Seoul National University, my dear colleagues from Göttingen, ladies and gentlemen, dear guests, Gunnar Duttge x Law and its scientific adaptation don't end at the national borders. Therefore we need to pursue with great interest the solutions and debates about similar, often identical legal questions of other legal systems. Thereby we are offered the opportunity to critically analyze and confront our own legal system. For criminal law, however, the amazingly well established relationship with our colleagues from South Korea is no news. For decades now, and for hopefully many more, professors as well as doctoral students have vivaciously exchanged ideas. Globalization, nevertheless, reaches all areas of law. It certainly embraces civil and constitutional law and all other interdisciplinary fields, one of which is medical and bio law, a traditional field in Göttingen which has seen an upward trend in recent years. The local center of medical law has strong ties with Ewha University's Institute for Biomedical Law & Ethics in Korea. With regards to recent developments in Göttingen's relationship to Seoul National University and its law faculty, the meetings and lecture events on the occasion of the opening of a branch of Göttingen University in Seoul are especially worth mentioning. Just last year we were fortunate to welcome here in Göttingen the president of the Seoul National University, who, during his visit to Göttingen's Center for Medical Law, voiced a strong interest in further communication and exchange of ideas, particularly between both law schools. With this background, we can take it up from here and with this conference further strengthen existing relations. Besides our vast unified interest in getting to know each other for institutional reasons, we join today chiefly because of our shared pursuit of the exchange of scientific ideas and for the purpose of deepening our knowledge of recent queries of Law in today's forged ahead risk and information society. As you all know, Law is facing new societal challenges which can no longer be coped with through conventional measures. One example is society's growing heterogeneity regarding its constitution and concomitant problems of integration, another one the exorbitant increase in significance of the media and new forms of communication in all public areas. An especially demanding societal challenge is the-in former times unimaginable-dimension of interconnectedness and all the consequences thereof, such as informational protection of privacy, on one hand, and on the other hand the amendment of responsibilities regarding the legal sanctioning of harm done, through a struggle with incomprehensible complications of causalities. These catchwords are only a few of many. They stand for all the new problems and questions which affect the interdisciplinary fields of legal sciences. The array of relevant topics is broad and hardly lucid, yet we-and I mean all of us as we are gathered here today-seemingly managed to perfectly single out the most essential questions for this conference which we will go on to discuss in detail later throughout the day. I am exceptionally thrilled about everything we are going to hear and further deliberate over today and tomorrow. I wish to already thank everyone very much who helped facilitate this conference, and make it possible in the first place, by