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Law for Computer Scientists and Other Folk$

Mireille Hildebrandt

Print publication date: 2020

Print ISBN-13: 9780198860877

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780198860877.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 December 2021

(p.15) Part I What Law Does

(p.15) Part I What Law Does

Source:
Law for Computer Scientists and Other Folk
Author(s):

Mireille Hildebrandt

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198860877.011.0001

This part introduces the conceptual structure of modern positive law, explaining the key concepts of law and the rule of law in terms of what law does. This highlights the performative nature of law as a dynamic architecture of legal norms that attribute legal effect whenever specified legal conditions apply. Besides presenting law and the rule of law as a unity of primary and secondary rules that imply a series of foundational legal principles, aiming for a set of antinomian goals, this part also differentiates the main legal domains (public, private, and criminal law) and the concept of jurisdiction as key to the distinction between national, international, and supranational law. In this way, Part I prepares the ground for a better understanding of the vocabulary and the grammar of law that underlies the legal domains that are discussed in Part II (privacy and data protection, cybercrime, copyright, and private law liability). (p.16)