Introduction to Legal Systems from Università Bocconi

Bocconi: Introduction to Legal Systems

Law and Technology

Bocconi L1 - INTRODUCTION TO LEGAL SYSTEMS 4 February 2025 Course: Fundamentals of IT Law A.y. 2024-2025 Università Bocconi MILANO2 INTRODUCTION TO LEGAL SYSTEMS Law and technology Why studying legal principles?

Introduction to Legal Landscape

INTRODUCTION As technology continues to advance and play a central role in various aspects of society, computer scientists and economists must be cognizant of the legal landscape. This knowledge ensures that their work aligns with legal requirements, ethical standards, and societal expectations. It also positions them to contribute to the development of laws and policies that govern the responsible use of technology Università Bocconi MILANO3

The Law: Rules and Laws

Rules and Laws in Different Contexts

INTRODUCTION TO LEGAL SYSTEMS The law Rules and laws Shooting the birds is against the law They were taken to court for breaking the law It's a law of thermodynamics, and no one has ever witnessed a sustained violation of it Refs and many other officials are present to make sure all football is kept within the laws of the game All our life we live knowing that God's justice demands satisfaction for our transgression of God's law Università Bocconi MILANOINTRODUCTION TO LEGAL SYSTEMS 4

Law of Thermodynamics as a Legal Rule?

The law Rules and laws IS THE LAW OF THERMODYNAMICS A LEGAL RULE? 5 CARTOONST CONSTOCK com "I was a drifter. They got me for defying the law of gravity." - It's a law of thermodynamics, and no one has ever witnessed a sustained violation of it - Definition: · A statement of fact, deduced from observation, to the effect that a particular natural or scientific phenomenon always occurs if certain conditions are present - If the law is violated, it ceases to be a law The Thermodynamics Laws, an Overview Ast Law 2nd Law Energy is conserved, its form can be converted Energies can flow, equilibrate 3rd Law "Driving force" for equilibration uniquely defined 0th Law Thermal equilibrium is transitive (c) C. Rose-Petruck, Brown University, 7-Jan-99, Chem 201 #1 Università Bocconi MILANO5

Rules of Football as Legal Rules?

INTRODUCTION TO LEGAL SYSTEMS The law Rules and laws ARE THE RULES OF FOOTBALL LEGAL RULES? - A referee is appointed to a football game in order to apply the laws of the game - Definition: · A rule defining correct procedure or behaviour in a sport - If the law is violated, the consequence is losing the game/being expelled EAT MASLA Lete LEGEA EA7 Università Bocconi MILANO GL gin medi W 2014 MES Virgi 1 XX SMN 2 LOHOOTER6

Religious Rules as Legal Rules?

INTRODUCTION TO LEGAL SYSTEMS The law Rules and laws ARE THE RELIGIOUS RULES LEGAL RULES? - All our life, we live knowing that God's justice demands satisfaction for our transgression of God's law - Definition: · The body of divine commandments as expressed in any religious text - The consequence of a violation of the law is sin Università Bocconi MILANO7

What Are Legal Rules?

INTRODUCTION TO LEGAL SYSTEMS The law Rules and laws WHAT ARE LEGAL RULES? - Shooting the birds is against the law - They were taken to court for breaking the law - Definition: · The system of rules which a particular community recognizes as regulating the actions of its members - The consequence of the violation of the law is the imposition of penalties Università Bocconi MILANOINTRODUCTION TO LEGAL SYSTEMS 8

Legal System: Ubi Societas, Ibi Ius

Social Institution and Body of Legal Norms

Legal system ubi societas, ibi ius Social institution Body of legal norms Università Bocconi MILANO9

Rules of the Law and Legal System

INTRODUCTION TO LEGAL SYSTEMS Ubi societas, ibi ius The rules of the law INTRODUCTION An organisation to be such needs a set of rules governing its activities · Rules constitute the law of a given organisation. · All the rules considered constitute a legal system Legal rules differ from other types of rules. Why? v In modern legal systems, legal rules are distinguished not so much by their origin or content, but insofar as they are aimed at the survival and development of a certain social organisation. v Religious rules pursue the salvation of the soul v Mathematical rules respond to logical principles " Legal rules regulate relations between the subjects of a given social group: they ensure the life of the group Unwersherefore, they impose duties and ensure rights Bocconi MILANOINTRODUCTION TO LEGAL SYSTEMS 10

Purpose of Legal Rules

Ubi societas, ibi ius The rules of the law PURPOSE OF LEGAL RULES Allocating goods or services Legal rules may serve many purposes Creating and attributing public powers among different bodies Prohibiting certain behaviours that are harmful to the society Università Bocconi MILANO11

Norms Regulating Social Group Relationships

INTRODUCTION TO LEGAL SYSTEMS Ubi societas, ibi ius The rules of the law PURPOSE OF LEGAL RULES - Relationships among members of the same social group are regulated by several norms - DEFINITION: Norms: something that is typical, expected, standard MORALE RELIGIONE COSTUME Università Bocconi MILANOINTRODUCTION TO LEGAL SYSTEMS 12

Source of Norms

Source of norms Social Moral WRONG FORBIDDEN DUTY GOOD Religious Legal LAW LAW LAW LAW LAW Università Bocconi MILANO social behaviour subjective authority and personal beliefs religious texts 1 AW LAW LAW LAW LAW LAW LA legal systems CORRETT RIGHT13

Legal Norms

What Are Legal Norms?

INTRODUCTION TO LEGAL SYSTEMS Legal norms What are legal norms? DEFINITIONS - Legal norms are produced by the legal system, [or rather from those sources that a given system internally recognises] which have the power of producing binding effects on individuals subject to the system . Unlike other categories of norms, legal norms can be enforced by the state through the imposition of penalties Università Bocconi MILANO14

Characteristics of Legal Norms: Effectiveness

INTRODUCTION TO LEGAL SYSTEMS Legal norms Characteristics of legal norms EFFECTIVENESS - Effectiveness is the ability of a legal system to impose biding rules on individuals; it is not affected per se by limited violations of single norms, provided that the authority can impose its political power over individuals within the relevant territory - Effectiveness is also a property of those norms ... produced by a legal system that is able to impose binding rules on its participants Università Bocconi MILANO15

Characteristics of Legal Norms: Generality

INTRODUCTION TO LEGAL SYSTEMS Legal norms Characteristics of legal norms GENERALITY - DEFINITION: · i.e. framed as applicable to an indefinite number of individuals > Everyone who commits first degree murder or second-degree murder is guilty of an indictable offense and shall be sentenced to imprisonment for life; ➢ If Marco commits first-degree murder or second-degree murder, he is guilty of an indictable offence and shall be sentenced to imprisonment for life, to the delight of his students. Università Bocconi MILANO16

Characteristics of Legal Norms: Abstractness

INTRODUCTION TO LEGAL SYSTEMS Legal norms Characteristics of legal norms ABSTRACTNESS - DEFINITION: · i.e. framed as applicable to an indefinite number of situations > Everyone who commits first-degree murder or second-degree murder is guilty of an indictable offense and shall be sentenced to imprisonment for life. > Everyone who shoots and kills another person is guilty of an indictable offence and shall be sentenced to imprisonment for life. Università Bocconi MILANO17

Features of Legal Norms: Normative, Institutionalized, Coercive

INTRODUCTION TO LEGAL SYSTEMS Legal norms Characteristics of legal norms FEATURES - The three most general and important features of the law are that it is: · normative, · institutionalised, · and coercive. > It is normative in that it serves, and is meant to serve, as a guide for human behaviour > It is institutionalized in that its application and modification are, to a large extent, performed or regulated by institutions > And, it is coercive in that obedience to it, and its application, are internally guaranteed, ultimately, by the use of force. Università Bocconi MILANO18

Features of Legal Norms: Normative, Institutionalized, Coercive (Continued)

INTRODUCTION TO LEGAL SYSTEMS Legal norms Characteristics of legal norms FEATURES - The three most general and important features of the law are that it is: · normative, · institutionalised, · and coercive. > It is normative in that it serves, and is meant to serve, as a guide for human behaviour > It is institutionalized in that its application and modification are, to a large extent, performed or regulated by institutions > And, it is coercive in that obedience to it, and its application, are internally guaranteed, ultimately, by the use of force. Università Bocconi MILANO19

How to Identify a Legal Norm

INTRODUCTION TO LEGAL SYSTEMS Legal norms Characteristics of legal norms HOW TO IDENTIFY A LEGAL NORM? - They are made by a competent authority (recognized as source of law); - They have a 'nomen iuris': · trading · contract · franchising - It is the result of a legislative procedure Commission proposes legislation Parliament both adopt legislation Council Università Bocconi MILANO20

Legal Systems

Characteristics of Legal Systems: Normativist and Institutionalist Theories

INTRODUCTION TO LEGAL SYSTEMS Legal systems Characteristics of legal systems DEFINITION Normativist theories (Kelsen) . The legal system consists of a set of rules in force in a given territorial space. · An organised society has an organisation. Institutionalist theories (Romano; Hauriou) · An organisation is a set of norms arising from a given social organisation. · An organised society is an organisation. However, every legal system is a system: · unitary, · coherent complete Università Bocconi MILANO21

Features of Legal Systems

INTRODUCTION TO LEGAL SYSTEMS Legal systems Characteristics of legal systems FEATURES a certain number of subjects, who make up a social group and are connected to each other common criteria of evaluation are applied to categorise individual behaviours as licit or illicit, mandatory or not relationship established between individuals are qualified by law as either favourable or unfavourable legal situations titular power and authority assigned within the group certain organs within the system are entitled to the legitimate use of force authority has means of coercion to ensure the legitimate exercise of power Università Bocconi MILANO22

Classification of Legal Systems

INTRODUCTION TO LEGAL SYSTEMS Legal systems Classification of legal systems Fluid and widespread Authoritarian or concentrated Voluntary Necessary Territorial Non-territorial General Specialized Independent Derived Sovereign Non-sovereign Università Bocconi MILANOslido

Poll Question on Definition of Law

Which one of the following is not considered by philosophers to be a definition of law? i Start presenting to display the poll results on this slide.QUESTIONS? Università Bocconi MILANO