Summary: Law

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  • Lecture 1 IAD

  • Two sets of rules according to Ostrom

    1. o   Rules-in-Use

    • §  Boundary rules
    • §  Position rules
    • §  Choice rules
    • §  Information Rules
    • §  Aggregation rules
    • §  Scope rules
    • §  Payoff rules

    1. o   Rules-in-Form –written statements following legal procedures
  • Multiple levels of Analysis (Ostrom)

    -1st level: Operational
    -2nd level: Collective Choice
    -3rd level: Constitutional
    -4th level: Meta constitutional
    • Rules are determined at a previous level (e.g. constitutional rules are defined in a metaconstitutional situation) this makes them exogenous to the action situation.
    • This allows actors to change rules as well, by moving into a deeper analytical level.
  • Three levels of action situations are involved in legal change:

    1.  1st level: Constitutional situation level. At this level a legal power-conferring rule is made- creating a legal ability
    2. 2nd level: Collective choice situation level. At this level the rule made in the 1st level is being applied by performing a legal act 
    3. 3rd level: at this level the scope of lawful factual actions is changed by the 2nd level

    • By giving the action situations a different level, a lawful hierarchy of institutional levels can be seen.  
  • What are legal institutions?

    Legal Institutions: describe types of realizable patterns of social behaviour and prescribe lawful realization of incidents of such types of behaviour.
  • Three orders of Legal Institutions:

    1st order:
    • Legal quality: e.g. public authority
    • legal Status: e.g. public good
    • p2p relation: e.g. contract   

    2nd order:
    • Legal persons: corporations (public or private)
    • Legal objects: tradable private or public rights

    3rd order:
    • Public hierarchy: e.g. states, municipalities
    • Civil networks: e.g. NGOs, communities
  • What is the ILTIAD framework?

    The ILTIAD framework:
    • enables an analytical focus
    • on the patterns of empirically observable social practice;
    • relating to collective action on common pool resources.
  • Lecture 2 Institutions and Law

  • How to operationalize institutions? 

    ADICO format (Crawford & Ostrom)
    ·Attribute: who?
    ·Deontic: may, must not
    ·AIm: what action or outcome?
    ·Condition: when, where, how?
    ·Or else: sanctions
          
    E.g.: Drivers | are not allowed | to cross the zebra crossing | if the light is red | or else they will be fined
  • Lecture 3 Legal research basics Dutch LaW

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  • What are the three main types of EU law?

    1.Regulation (verordening)
    2.Directive (richtlijn)
    3.Decision (besluit)
  • Give 3 Different kinds of law and explain them:

    • Enacted law : Law made by a body invested with the power of law-making. (treaties; Constitution; Statutes; Governmental regulations)
    • Case law: is primarily seen as supplementing enacted law. Course decisions are a source of case law.   
    • Unwritten law: sources of law that are not laid down in written documents.  (i.e. customary law; General principles of law)
  • Lecture 3 EIA

    This is a preview. There are 12 more flashcards available for chapter 04/07/2018
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  • What are EIS (ENVIRONMENTAL IMPACT STATEMENTS)?

    Environmental Impact Statements (EIS) documents the information about estimates of impacts derived from the various steps in the process.
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