Law in the Digital Environment
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- ENRICO MAESTRI
- Credits
- 9
- Didactic period
- Primo Semestre
- SSD
- IUS/20
Training objectives
- The main objective of the course is to provide the basis for the acquisition of the full capacity of analysis of digital law through the mastery of legal logic and legal reasoning and for the acquisition of awareness of the cultural and value implications connected. to the digitalization process of contemporary law.
1. The main knowledge acquired will refer to the technologies of the digital age, how digital technologies change the legal rules and the law of the digital age.
2. The main skills (ie the ability to apply the acquired knowledge) will concern the methodological and ethical issues connected to the work of jurists in the face of the epochal change induced by the digital revolution on the sources of law and on contemporary legal systems. Prerequisites
- Minimal research skills are required to find legal data, regulatory acts and jurisprudence rulings online.
Knowledge of legal terminology, ability to use specialist vocabulary, ability to read and understand legal texts are also required. Course programme
- Digitization has transformed the legal and contractual relationships between undertakings, citizens and governments. As more data is being collected, stored, exchanged and used electronically, business opportunities and concomitant risks and duties arise, with respect to data privacy and security. The digital revolution is changing the concepts of property, liability,
commerce, public space, currency and dispute resolution. At the same time it is creating new ethical concerns and requires specifically designed regulations and remedies. Although its consequences are far reaching – there is still no holistic approach to the subject matter.
This course aims to fill in that gap and to provide students with the foundation for the understanding of the legal implications of the multiple aspects of digitalization and automatization. The course is case law and research based.
The course is divided into 4 parts and addresses the following topics:
Part 1 - 20 hours: Introduction to legal logic
Logical scheme of the juridical rule
Rationale for legal reasoning
Part 2 - 20 hours: Introduction to digital law
sources of digital law
privacy and digital security,
digital documents
electronic payments
digital contracts,
digital commerce,
digital property, intellectual property, digital copyright
digital justice and judicial predictive algorithms,
Part 3 - 10 hours: Insights
telematic process
responsibility of ISPs,
social networks,
Part 4 - 10 hours: law in the digital age
specific features of digital law
technology: regulatory technologies
ODR remedies and digital jurisdiction
searches of legal resources on the Internet.
Being an introductory course, the course does not require prior knowledge of the subject. Didactic methods
- The course is organized according to the blended modality, that is, mixed in presence and remotely.
In presence, the lessons will take place according to the protocol provided to ensure the health safety of the participants.
The lessons will be held remotely in streaming on the collaborated blackboard platform or in case of malfunction on the Google Meet platform ( ---) .
The lessons will be recorded and made available in video mode on Blackboard and in audio mode on Classroom (code ---)
The lessons can also be downloaded.
The podcast part of the course (teaching units, pdf, ppt, supplementary documents) will be organized on classroom. Learning assessment procedures
- The exam consists of an oral test. The aim of the exam is to verify at which level the learning objectives previously described have been acquired. Students have to answer some questions on the topics regarding the course programme. The final evaluation is established in connection with the examination results.
To be more precise, the final exam consists of an oral test (about three question). The final grade results from the average of the grades deriving from every single answer given by the student. As part of the oral test, in-depth understanding and criticism of the legal concepts and methods studied during the course will be verified. For the preparation of the exam it is crucial to start from the analysis of legal reasoning in its various forms.
For those students the exam consist - if it is possible - about three questions. The final grade results from the average of the grades deriving from every single answer given by the student to each question. This rule does not apply if the student isn't, from the beginning, in the condition of sustaining it. Reference texts
- M. Orlandi, Introduzione alla logica giuridica, capp. I, III, IV. Bologna, Il Mulino, 2021.
G. Pascuzzi, Il diritto dell'era digitale, Quinta edizione, Bologna Il Mulino, 2020.
