Summary: Law

Read the summary and the most important questions on Law

• 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

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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.