Key Intermediate Goal 1: Legal Protection in Text-driven Law
The first key intermediate goal is targeted for the end of the second year, based on an in-depth study of current law’s text-driven nature which should result in a deeper understanding of legal protection in modern positive law.
This will involve a substantial reflection on how concrete legal protection (legal remedies, class action, redress in private/administrative/criminal law, consumer law, competition law, fundamental rights protection, the critical role of national and international jurisdiction), is premised on the affordances of a text-driven architecture.
At a deeper level, we will gain a more detailed understanding of how the force of law operates in a way that enables contestation while simultaneously providing legal certainty.
The output will be consolidated in a first Working Paper on Text-driven Normativity and Legal Protection, which will be finalised by April 2021.
Key Intermediate Goals 2 and 3: Legal Protection in Data-Driven and Code-Driven Law
Halfway the fourth year two extended papers will be written that reflect on how data- and code-driven normativities may afford the kind of protection that is warranted under the Rule of Law, achieving a dynamic reflective equilibrium between more concrete proposals of legal protection by design and an inquiry into the scope and the meaning of the concept of legal protection by design.
This will include a first reflection upon the kind of methodological innovation that is warranted by computational law if it is to sustain the mode of existence of law as the Rule of Law. The papers will be authored by the legal team, with input from the computer science team, and used as input for the dissertations of the PhD students.
The papers will interact with two major international conferences on legal protection in data-driven law (end of 2021) and in code-driven law (end of 2022) in Brussels, with pivotal keynotes and based on a Call for Papers.