Por: Camilo Alfonso Escobar Mora
Fundador de JURÍDIA
Escuela Jurídica sobre Inteligencia Artificial
Human beings that will be or are in a juridical relationship must create and apply juridical theorems (that means: juridically diligent ways) to attend (through the valid self-regulation, creating and / or using juridically diligent analog and / or digital elements, according to what is juridically diligent in each juridical relationship) the multiple juridical variables (linked to the analogical, properly: in atoms, and digital, properly: in bits, elements) that digital context involves (properly: to comply the juridical axioms tailored to each case; that is why the juridically valid self-regulation is a juridically valid theorem, because is the way to fulfill, to comply, the law).
For that reason, I created a theory of preventive law that established the juridical criteria for validity of commercial digital advertising (called: The Theory of Preventive Consumer Law in Digital Advertising). In general, my theory is about the foundations for juridical validity (from a preventive point of view), in that field and in any other field. It is a universal theory about how to comply law.
Properly, (the) law (as a whole) established the juridical validity criteria (in general) and my theory clarified its foundations (properly: its foundation, its fundament, the law fundament; the juridical fundament) and created the specific juridical diligent form (that has to be attended tailored to each case) that the digital commercial advertising has to comply (properly: that each human being who makes, including: who is involved in the making of, this kind of advertising has to do to make, create, that advertising in a juridical valid way, in the aspects linked to the juridical diligence that applies to that human being; properly: in the aspects that each human being in that situation, condition, environment, has to comply, has to comply with to be juridically diligent, properly: to exist in a juridically valid way regarding the, juridical, case in which exists that advertising, and, in consequence, making that advertising) to be juridically valid (properly: making that advertising in a juridically valid form, way, of existence; making that advertising to exist in a juridical valid way; making that advertising existing in a juridical valid form, way; making that advertising juridically valid). That is why juridical validity is a wider concept than legal validity (which means the fulfillment of the law, as one kind of juridical norm, not the law a whole).
It is the only way for getting juridical validity in this field. Corrective law is focused on damages generated by commercial digital advertising negligent (in general: by human juridically guilty commercial digital advertising) creation and / or use, preventive law is focused in (the) enjoyment of (juridical) rights and fulfillment of (juridical) duties regarding (juridically) diligent, properly: (juridically) valid, (commercial digital) advertising (properly: this means the compliance of, the, law, by the humans involved in, that, advertising existence, tailored to the, respective, juridical, case form of existence; the rest is a partial attention, so, is a inattention, of, the, law).
That is why I researched the juridical validity regarding the way of communicating commercial digital advertising face to each (juridical) consumer profile (properly: face to each human being or juridical person who has a juridical profile of a consumer face to a commercial enterprise) and concluded that, the, (juridically) valid (commercial digital advertising communicating) form exists when the theory is applied tailor-made to each (juridical) case because it lets that advertising communication to be juridically valid face to each (juridically) diligent consumer involved in the (respective), juridical, case. The so called “preventive law” and, properly, the (this) theory (that is a way for complying, the, law; in a juridically clear, properly: valid, diligent way) permits (gets, obtains, makes, creates) the enjoyment of rights and fulfillment of duties in that aspect and in any other aspect existent (existing) in a (in general: permits, the existence of, juridical effectiveness in each) juridical case (properly: that is why I analyzed and clarified the foundation, properly: the way of existence, of juridical validity; including: in general and specifically focused on this kind of advertising).
So, the (this) theory benefits Society thanks to the juridical validity clarification and (its) promotion in this field due to the fact that it shows how to comply law and get juridically valid quality of life in this theme and also this serves as an illustrative element to show the foundation of existence of juridical validity in any other (properly, in each, in every) context subject to law at a worldwide (properly: at a universal) level (properly: universally). That juridically (juridical) valid quality of life is the way of (and for) effective coexistence in the short, medium and long term of (human) life (properly: human existence) because that means harmony in each (juridical) relationship thanks to the existence of the (human) enjoyment of rights and (human) fulfillment of duties tailored the way of existence of the respective relationship (including: regarding each person, including: party, included in the, respective, juridical, relationship). And that harmony is only possible if there is harmony in the entire (including: whole, total) existence (including: of, including: between, the, beings; including: of, including: between, the, subjects and objects) related with (the) human being existence. Tailored to each (juridical) case (that means: tailored to each juridical relationship; juridical relationship, that can exist in an extra-contractual or a contractual, juridical, form, depending on each, juridical, case, form, of existence).
Properly, I am a philosopher of law focused on juridical validity clarity and existence (tailored to each case ―each juridical relationship; each juridical case―). Commercial digital advertising juridical validity is my focus but the dynamic (of the existence) of that kind of advertising also serves me to illustrate (the) juridical validity form (of existence) at a general (universal) level (and that illustration serves, to, humanity because is the way for knowing how juridical validity exists, including: how to make it exist tailored to, properly: in, each, juridical, case). That is why I communicate juridical validity clarity. And that knowledge (clarity) can be applied in every (juridical) case. So, it is a way (form) to attend (comply), the, law in a (juridical) diligent way (properly: in a juridical valid way) because is the clarity form about the coincidence (properly: harmony) between the being of the (each), juridical, case (properly: between the, juridical, case; including: the way of each, juridical, case way, form, of existence) and its (respective) juridical must be. And it is important (properly: determinant) to indicate that (the) compliance of (the) law is a must, properly: is a (juridical) duty (in each juridical relationship; properly: in each, juridical, case). That is why each person involved in a juridical relationship has to be (juridically) diligent. Tailored to the case. And that is why the (this) theory is a (juridically) diligent way (form) to do it (to comply, the, law, including: to comply with the law; including: to get juridical validity, effectiveness and certainty).
For example, I have researched the effectiveness of the consumer right to receive information face to commercial digital advertising. I founded that commercial (mercantile) enterprises do not always ensure that their advertising is (juridically) valid; affecting the effectiveness of (the) consumer right (properly: affecting the effectiveness of the right of each consumer involved in each, juridical, case) face to such messages (in general: message; properly: face to such communication, form, of existence, tailored to each, juridical, case). Furthermore, I detected that judicial and administrative mechanisms do not provide (the) effective (including: the entire, whole, integral, complete, total) enjoyment of this right (because they, those mechanisms, appear, properly: apply, in the so called “corrective law” way; their time and space, properly: their form of existence, exists once, the, law is disregarded, unfulfilled; uncomplied), they are focused on the definition of (juridical) responsibility (specifically: juridical liability; face to the uncomplying law consequences) and (on the) reparation of damages (and, also, sometimes procedural deadlines are very long).
This fact affects that (the, juridical) duty (deontology; specifically: the juridical must be) could coincide with (the, juridical, case) being (ontology) —when, the, being coincides with, its juridical, duty (properly: with its juridical must be) the being is (juridically) valid. That is the (juridical) validity concept that was created in my theory; (the) juridical validity exists when the being coincides with its juridical must be (juridical must be that is defined in the philosophy of, the, law, the theory of, the, law and the, including: juridical, norms -rules- of each Rule of Law involved in each, juridical, case)—. The mismatch (nonconformity) between the (juridical case) being and its juridical must be affects that (commercial digital) advertising (being) provides (could provide), the, effective enjoyment of that right. In general, that affects that consumer could receive (a juridically) valid communication (not only information, because, on, including: regarding, advertising, there are some messages that are not information, due to the fact that, tailor-made to the way in which juridical diligence applies to the specific consumer involved in the specific juridical case, some messages, juridically validly, don’t are, including: don’t mean, truly, objective and verifiable messages, but when are transmitted to, the, consumer create a communication with her / him and, as in every juridical case, that communication has to be, juridically, valid, according to the way in which, the, law applies to it; tailor-made to the, respective, juridical, case, form, of existence).
This explains why I created a general theory of preventive law (properly: a theory for complying, the, law) and a specific theory of preventive consumer law in digital advertising (properly: a theory for complying, the, law regarding, the, commercial digital advertising). The preventive law theory consists in generating juridical validity at all time (this means that being coincides with its juridical must be) and, consequently, that validity generates (the) juridical effectiveness of the (juridical) rights and duties that apply in each, juridical, case (and that is why juridical effectiveness causes juridical certainty). This is achieved through the juridically valid self-regulation (which means a self-regulation that is systematized, grounded and in accordance with the applicable public order in each Rule of law —State— involved; properly: in accordance with, the, law, tailored to the way of existence of the, juridical, case, involved) of the (formal and material) variables (properly: of the, juridical, form) existing in each (juridical) case. That is why in the theory of preventive consumer law in digital advertising when self-regulation creates a harmony between the formal and material variables of the (juridical) case the case is (juridically) valid (properly: that is why, the, juridically valid self-regulation complies, the, law; and that is why, the, juridically valid self-regulation makes the, way of existence of the, juridically valid, juridical, case; properly: the juridically valid self-regulation makes, including: is the form of, the existence of, the coincidence between the, juridical, case being and its juridical must be).
This can be achieved through consumer (juridically valid) tailor-made advertising (if it is made with, juridical, diligence; including: based on the, juridically diligent way, form, of the, consumer profile that, properly: who, perceives the message, and, in general, based on the, juridically diligent attention of the, material and formal, variables, properly: of the form, of existence, of the, juridical, case) if it complies with the requirements of the (this) preventive law theory, because that permits its (juridical) validity and gives (obtains, gets, lets the existence of the, makes, creates) effectiveness to consumer right to receive juridically valid information (when the juridical must be of the, juridical, case, includes the duty of, including: duties linked with, communicating information through, including: in, the commercial digital advertising to get, to make, to create, its juridical validity, properly: to be juridically valid), and, in general, to receive juridically valid (commercial digital) advertising. Properly: in the theory the juridically valid (commercial digital) advertising is the one that is made tailor-made to the juridical must be of (including: that applies to) the, juridical, case respect to the (way in which that juridical must be exists, including: applies, face to the) advertising.
That kind of advertising generates the juridical validity of that kind of messages (the advertising: properly: of that kind, way, form, of communication) because it ensures, the, fulfillment of, the, general and special (juridical) duties of information according to, the, (juridical) variables of each (juridical) case (form, of existence), and, in general, complies with, the, law (tailored to each juridical relationship created with each consumer), and, in consequence, the juridical effectiveness of, the, consumer right to receive sufficient, truthful and timely information and, in general, to receive juridical valid (commercial digital) advertising is obtained.
This is an important issue and before my theory there was no deep juridical theory in the field (in general: in, the, law). There are some general explanations of the legal and, in general, juridical variables of commercial digital advertising (e.g. the personal data protection related to its fair use in general —because in particular there is no juridical analysis of that fair use about tailor-made commercial digital advertising respect to the design, communication, comprehension and attention of the message—). Apart from my theory, there was not a (comprehensive and systematic) juridical theory for its (juridical) validity. That is why my theory exists. That is the contribution of my theory.
It is important to clarify that in my theory and, (in, the, law) in general, tailor-made advertising has to be (juridically) valid in all its variables (e.g. regarding the juridical variables linked to the personal data protection, privacy, information security and, juridical, diligence in the use of artificial intelligence; regarding each material variable of the advertising and the advertising as a whole; tailor-made to the, respective, juridical, case) to ensure that advertising is really tailor-made, with, respect to (properly: to ensure that the advertising is juridically diligently, properly: is juridically validly, attending) the measure of, the (formal an material) variables of the, juridical, case (properly: to ensure that the advertising coincides with its juridical must be according to the, juridical, case, form, of existence). Advertising has to be juridically valid in all its system, (properly) in all its being. The (juridical) validity is not just respect to the (direct) message. Precisely, in the theory (juridical) validity means (juridical) validity in the creation, in the functioning environment, in the communication and in the attention of (the) digital commercial advertising (tailored to each, juridical, case, form, of existence; including: tailored to the juridical must be of the, juridical, case, form, of existence). Because, the, (commercial digital) advertising is only (juridically) valid if all its system, if all its form of existence, tailored to each (juridical) case, is juridically valid. Otherwise, the remedy is more serious than the disease.
That is why tailor-made (commercial digital) advertising has to be made through (in accordance with) this theory. And that is why my theory is necessary: It established the juridical axioms (extracontractual and contractual axioms) and theorems that permit (allow) tailor-made (commercial digital) advertising to exist in a juridically valid way. In this point it is important to indicate that this is achieved through the (human) juridical diligence (by the commercial enterprise ―including: by each human being existent in each commercial enterprise form of existence; and including: by the third parties that juridically validly represent the commercial enterprise when those parties exist in a case― and by the consumer). Tailored to each (juridical) case.
That is why the juridically valid (commercial digital) advertising is the advertising that exists tailor-made to the form in which law exists to the measure of the (respective, juridical) case. And this clarifies the fact that the (juridically) valid commercial digital advertising is not the advertising tailor-made based on the consumer profile because is the advertising that complies, the, law tailored to the (juridical) case (and that includes the juridically diligent attention of each consumer, including: profile, involved, properly: existing, in the, respective, juridical, case). So, the (juridically) diligent way for making digital commercial advertising is making it to the measure in which law applies tailored to the (juridical; to each, juridical) case. This is the (juridically) valid commercial digital advertising in the theory of preventive consumer law in digital advertising.
This is an important advance of state of the art. The theory gives clarity about juridical validity, effectiveness and certainty regarding the way of existence of commercial digital advertising (in general, it, gives that clarity in the juridically valid communication culture) and, in general, face to each juridical relationship. Properly, the theory promotes (fosters) and permits the existence of the juridical validity culture. That culture will exist if its foundation (the foundation of the, this, theory) is applied (in the digital, analog, mixed and, properly, in each, in all, context, subject to, the, law; properly: in each, in all, juridical case). Tailor-made to each (juridical) case (the theory can and must be applied tailor-made to each case; the use of commercial digital advertising field, topic, theme, serves as an effective illustrative-explanatory form about, the, juridical validity way of existence due to its dynamic).
That is why in the theory (of preventive consumer law in digital advertising) the juridically valid commercial digital advertising exists when each human (being) involved, properly: existing, (directly or as a part of a juridical person –that means an organization, that can be from the private or the public sector, depending on each, juridical, case-) in a juridical relationship (properly: in a, juridical, case) is juridically diligent. It is the way for making juridical effectiveness (and, in consequence, juridical certainty; properly: that is the way for making juridical validity, tailored to each, juridical, case).
* Si te interesa conocer el fundamento jurídico de la inteligencia artificial (es decir, la forma en la cual existe la inteligencia artificial válida -de una forma válida- jurídicamente -es decir, la validez jurídica de la inteligencia artificial-) estos son los servicios que ofrecemos:
- Entrenamiento para los abogados de firmas/despachos o departamentos jurídicos/áreas legales de organizaciones sobre la validez jurídica de la inteligencia artificial © | Jurídia.
- Curso: El fundamento jurídico de la inteligencia artificial | Jurídia (juridia.co).
- Seminario: La validez jurídica de la inteligencia artificial (IA) | Jurídia (juridia.co).
- Congreso JURÍDIA sobre la validez jurídica de la inteligencia artificial | Jurídia (juridia.co).