What happens when a digital twin stops mirroring reality and begins to shape it?

Our new article in Law and Philosophy uses Baudrillard’s theory of simulacra to rethink IP protection for AI-driven digital twins.

The claim: do not protect the simulacrum as a “work”; protect the human-directed machine performance that produces it.

DOI: https://doi.org/10.1007/s10982-026-09579-2

#LegalTheory #AI #IPLaw #digital twins

Point-by-Point Institutional Response

International legal frameworks operate under the principle of complementarity. International tribunals do not replace domestic courts but function within a separate and complementary jurisdictional framework. International jurisdiction may only become applicable when domestic institutions are unwilling or unable to genuinely investigate or prosecute the same conduct at the required level of responsibility, regardless of where evidence is located.

Engagement with international tribunals reflects compliance with international legal obligations and cooperation mechanisms. These processes follow established judicial and diplomatic channels and operate independently from domestic law enforcement, without displacing the state’s overall enforcement capacity.

Comparisons between domestic governance issues (such as infrastructure management or corruption cases) and international criminal proceedings conflate distinct legal systems. Domestic offenses are addressed under national criminal and administrative law, while international criminal jurisdiction is limited to genocide, crimes against humanity, war crimes, and aggression under established international law.

Public accountability is not a zero-sum system. Effective governance requires that domestic and international mechanisms address different categories of violations within their respective jurisdictions, using appropriate legal frameworks and procedures.

#LegalTheory #InternationalLaw #Jurisdiction #Complementarity #RomeStatute #InternationalCriminalCourt #ICC #RuleOfLaw #LegalEducation #CivicEducation #PublicAccountability #Governance #LawAndSociety #CriminalLaw #HumanRightsLaw #InternationalJustice

A quotation from Theodore Roosevelt

The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the theory that the executive power was limited only by specific restrictions and prohibitions appearing in the Constitution or imposed by the Congress under its Constitutional powers. My view was that every executive officer, and above all every executive officer in high position, was a steward of the people bound actively and affirmatively to do all he could for the people, and not to content himself with the negative merit of keeping his talents undamaged in a napkin. I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws. Under this interpretation of executive power I did and caused to be done many things not previously done by the President and the heads of the departments. I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct constitutional or legislative prohibition.

Theodore Roosevelt (1858–1919) American politician, statesman, conservationist, writer, US President (1901–1909)
Autobiography, ch. 10 "The Presidency" (1913)

More about this quote: wist.info/roosevelt-theodore/3…

#quote #quotes #quotation #qotd #theodoreroosevelt #teddyroosevelt #authority #Constitution #executivepower #government #legaltheory #limitsofpower #power #presidency #president

Roosevelt, Theodore - Autobiography, ch. 10 "The Presidency" (1913) | WIST Quotations

The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the theory that the executive power was limited only by specific restrictions and prohibitions appearing in…

WIST Quotations
Why Law Is Law-Shaped

And why that shape demands a compiler.

LawVM

Laws should not rule over people—they should empower them. Nomodynamy is neither archy nor cracy because it does not impose coercion. Instead, it identifies the structures that crowd out coercion itself. A system where capability flourishes, and control fades.

#Nomodynamy #Freedom #LegalTheory #Innovation #Decentralization #SelfGovernance

Job - Alert 🚀

🔍 PHD STUDENT (M/F/DIV)

Deadline: 2025-01-06

Location: Germany, Frankfurt, Hessen

APPLY: https://www.academiceurope.com/job/?id=5970

#Law #Humanities #legal #LegalHistory #LegalTheory #PhD #SocialScience

Last week, we reviewed Rebecca Stone's work on freedom of contract. Today, we review @DaganHanoch's 2024 Maatsricht Private Law Lecture on the same topic.

#law #contracts #LegalTheory #scholarship #academia

https://lawprofessors.typepad.com/contractsprof_blog/2024/10/two-takes-on-freedom-of-contract-part-ii-hanoch-dagan.html

Rebecca Stone has a new take on freedom of contract. I can't summarize it in a Tweet, but I can try in a blog post, and I do so here:

https://lawprofessors.typepad.com/contractsprof_blog/2024/10/two-takes-of-freedom-of-contract-part-i-rebecca-stone.html

#law #contracts #FreedomofContract #scholarship #academia #LegalPhilosophy #LegalTheory

Taking Big Oil to Court for ‘Climate Homicide’ Isn’t as Far-Fetched as It Sounds | The-14

Are fossil fuel companies guilty of actual murder? Homicide opens up a new flank in the strategy to bring climate change into the courts. Climate litigation is now in its “third wave,” according to Anthony Moffa, a professor at the University of Maine School of Law. The first lawsuits sought to force power companies to

The-14 Pictures
Concluding the exploratory phase of the #LegalTheory #KnowledgeGraph project, I have also published a list of tools and resources which I collected in that phase. It is outdated because it does not reflect the #LLM-revolution in #NLP, but maybe you'll find something that you do not already know: https://github.com/cboulanger/ltkg-tools/blob/main/README.md
ltkg-tools/README.md at main · cboulanger/ltkg-tools

Legal Theory Knowledge Graph Project - Tools and Resources - cboulanger/ltkg-tools

GitHub