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More than compliance and due diligence it is about (juridical) validity

By: Dr. Camilo Alfonso Escobar Mora ©

Founder of JURÍDIA – Learning and Research Center for Preventive Consumer Law in Digital Advertising

www.juridia.co

 

In our theory of preventive consumer law in digital advertising (the) juridical validity is when the being coincides with the form of the law (of the being called: law) to the extent of the case. With the way in which the law (law) proceeds to the case. For that reason: the (juridically) valid case is in which its being coincides with the law (with the juridical must be. Including: with the duty to be legal —with its juridical must be. Including: with its duty to be legal—).

 

And: law means a set. The set of norms (including: rules) that govern the being to be (juridically) valid. So: it is not synonymous with (a) Law. Nor is it synonymous with regulation. In general: it is not synonymous with a specific norm (including: rule). It is synonymous with the philosophy of law, the theory of law and the norms of the Rule of Law (including: of the State or States, as the case may be) involved in the case.

 

For that reason: to make the (juridically) valid case the law (law) must be detected and taken care of tailored to the case. To the extent of the case being (in the case and according to the case). To make the being of the case coincide with the law (law) at the formal and material level (properly: to make the being of the case be law being a being that coincides with the, with its, juridical must be). Then: good practices that are partial and do not make (juridical) validity to the extent of the case are not enough. It is not enough with compliance initiatives that focus on complying with (concrete) norms without attending to the philosophy and the theory of law (to the extent of the case). It is not enough with diligence systems (it is clarified: as the diligence exists or does not exist, there is no due diligence. There is diligence) for specific elements (affecting making the —juridically— valid case because this only exists if its being coincides with the law. Understood, the law understood —law understood—, as a whole created by —the— definition, detection, attention —including: harmony—, union and result of its, of all its, parts). Everything necessary to make the (each) —juridically— valid case must be done (in the case, according to the case and to the extent of the case —tailor-made to the case—).

 

This explains the importance of theory and practice to make the (juridically) valid case. The (diligent) theory defines the foundations of (juridical) validity. The (diligent) practice makes the being coincide with the (its) juridical must be (including: the —its— duty to be legal). Therefore: the (diligent) theory and practice are interdependent and make the (juridically) valid case. What is done (properly: what exists) when there is a culture of preventive law (properly: culture of juridical validity). To be the form (including: the way) to make each case be (juridically) valid —properly: to be the form to make the —juridically— valid case because it is acted in a diligent form that meets (attends) the diligent theory that bases the form it must be the case to be —juridically— valid and that being is (juridically) valid. And: as the (juridically) valid case is made through the diligence (being the valid form to —of— do —doing— it) its existence is demonstrated when in its being (in the being of the case) there is juridical effectiveness and security (including: juridical certainty) because there is (the) enjoyment of rights and fulfillment of the duties arising (applicable) in the case (depending on the case and to the extent of the case).

 

For that reason: our theory of preventive consumer law in digital advertising created a concept of pragmatic positivism —JURÍDIA´s pragmatic positivism— (that is: the theory and practice that makes the —juridically— valid case), which means (that is synonymous with) what was previously communicated, to be the form to define, make and demonstrate (prove) the (juridically) valid case.