By: Dr. Camilo Alfonso Escobar Mora ©
Founder of JURÍDIA – Learning and Research Center for Preventive Consumer Law in Digital Advertising
Reflection (thought) 1
Some pleople think that the Internet (in general: digital means) is a parallel world that is outside the application of the being called: The law (law), because it is an entirely free environment and no one is its director. Therefore, the relationship formed inside that context is not related with any right or duty defined in the law.
But, the law is a being that has the nature of being the juridical must be (that must meet each being involved in a juridical relationship, and the being called: juridical relationship, to be juridically valid). It is composed by the juridical must be defined in the philosophy of law, the theory of law and the norms of the Rule of Law.
Juridical must be that is clear if it is defined through an integral knowledge and attention of the law. This is the importance of juridical research and diligent practice. To detect and attend the law tailored to each case.
The law is not slower than the Internet (in general: than digital means). The juridical must be is transversal and applies tailored to the case. It is no necessary to create laws for each human being creation. The law is a wider concept than legislation (for example: it includes the general principles of law and the valid self-regulation —it is when the being coincides with its juridical must be through the diligent acts of the human beings involved in the case—). Is the juridical must be.
There is no juridical disruption when there is any advance in the state of art. The juridical must be applies in every juridical relationship without being limited by the elements, functions and effects involved in the case. Other thing is that the law applies according to the case (including: its modus operandi) because it defines its way of application.
Therefore, the law applies in every juridical relationship. Including: The relationships that involves the Internet. Because is a human being creation governed by the law due to the fact that causes (juridical) effects in its application area (called: the juridical relationship —between human beings—). Relationship that can be formed, executed and / or finished through human and / or no human means, that can be analog, digital and / or mixed means. Including: the Internet (that is a mixed being because it includes analog and digital elements).
That is why the Internet is a mean governed by the law when it is an element of a juridical relationship.
Conclusion: the Internet (in general: digital means) is a means. The law applies to every juridical relationship. Therefore, the juridical relationship that involves the Internet (in general: digital means) is governed by the law tailored to the case.
The Internet (in general: digital means) is governed by the law and if the relationship that involves it in its creation, execution and /or termination is self-regulated in a way that attends its juridical must be is valid, because in its being exists the enjoyment of rights and fulfillment of duties applicable to it.
Reflection (thought) 2
Some pleople think that the Internet (in general: digital means) is a parallel world outside the application of the law, because it is an environment in which the Rule of Law does not exist. Therefore, the relationship formed inside it is not related with any right or duty defined in the law.
But, the law is the juridical validity condition defined in the philosophy of law, the theory of law and the norms of the Rule of Law. That condition is clear if is defined through an integral knowledge and attention of the law tailored to the case. So, juridical research and diligent practice are determinant for juridical validity. Because are the way for detection and attention of the law tailored to each case.
The scope of the law is the juridical relationship. It means the extracontractual or contractual link between two or more human beings related with the enjoyment of rights and fulfillment of duties applicable in that relationship. The relationship can be formed, executed and / or finished through human and / or no human means that can be analog, digital and / or mixed means. Including the digital means, as (like) the Internet (a mixed means that includes analog and digital elements, depending on the case).
So, the law applies in every juridical relationship. Including the relationships that involves the Internet (in general: digital means). Because it causes (juridical) effects in the scope of the law. That is why there is no juridical disruption when there is any advance in the state of art. The juridical validity condition applies in every juridical relationship without being limited by the elements, functions and effects involved in the case. Other thing is that the law applies according to the case, including its modus operandi, because it defines its way of application.
Therefore, the law is not slower than the Internet (in general: digital means). It is a transversal validity condition and applies tailored to the case. That explains that it is no necessary to create laws for each human creation. The necessary laws are the structural ones of the Rule of Law. The law is a wider concept than legislation (for example: it includes the general principles of law and the valid self-regulation).
The above clarifies the reason why Internet (in general: digital means) is a means governed by the law when it is an element of a juridical relationship.
Conclusion: the Internet (in general: digital means) is a means. The law applies to every juridical relationship. Therefore, the juridical relationship that involves the Internet (in general: digital means) is governed by the law tailored to the case.
The Internet (in general: digital means) is governed by the law when it is an element of the juridical relationship and that relationship is valid if it is self-regulated in a way that attends its juridical validity condition for the existence of the enjoyment of rights and fulfillment of duties applicable to it.