معلومات المقرر

Digital Teaching
Current teaching materials are shared via Moodle. It should be emphasized that the chair had a [url=https://www.cylaw.tu-darmstadt.de/index.de.jsp]“Legal Open Source” (L.O.S.)[/url] presence for over 20 years in the past and the lecture content was supplemented in real time during the course of the semester. The materials of this course tradition are available under [url=https://www.cylaw.tu-darmstadt.de/index.de.jsp]Archive: Public Law I (Legal and Lawyer Management)[/url]. You can also find information at [url]https://cyberlexonomics.de[/url].

Course Contents
Since 2023, a future (legal) scientific perspective has also been offered to students - appropriate to a course at a technical university: Namely that of “Legal Design for an ‘AI-driven world’”. In the winter semester 2024/25, for example, the question of the perpetuation of people's virtual existence arose in the development of the module: “Right to self-determined dying, assisted dying and suicide”. The fact that technology makes this possible has been common knowledge since the film “[url=https://www.ardmediathek.de/film/mein-mann-lebt-als-ki-weiter-lieben-und-sterben-mit-kuenstlicher-intelligenz/Y3JpZDovL21kci5kZS9zZW5kZXJlaWhlbi8zMGUxZjlmYi0yN2YzLTRhZGQtYmU4Ny0yMWM4OGU0OTE3N2UvMzI3MDM2MzYtMjZjMC00YzA1LWI2ZTctNzQzNDU1YzI4YTVm]Mein Mann lebt als KI weiter - Lieben und Sterben mit Künstlicher Intelligenz”[/url], MDR (44 min.). How (constitutional) law in particular could deal with these opportunities and risks of an “AI-based hybrid world with eternal potential” (own terminology) is part of the event perspective. This continues a long tradition that has seen technological developments as an incentive for “stockpile research” for/by/in jurisprudence:
 
Since 2018, the event “Public Law (Legal and Lawyer Management)” has traditionally been opened with the video clip “[url=https://www.youtube.com/watch?v=9CO6M2HsoIA]Slaughterbots[/url]”. In the meantime, the Slaug-hterbots are - undeniably - a reality. Strategically, “Public Law - Legal and Lawyer Management” is a contribution to a course offered by a university (technical) law lecture. This is also reflected in the creation of a questionnaire on the importance of law in 2017 (and its response by over 200 students). Further details on the uniform teaching and research concept (no ranking in order) were published in [url=https://tuprints.ulb.tu-darmstadt.de/23128/]CyLaw Report XLI: “Weltrecht^2 Entourage Documents” - A Standard for a Universal (Technology) Law Lecture (2018)[/url].
 
Public law (legal and lawyer management) is part of “World Law^2” - the agenda that shapes the professor's offerings. The project was presented at the “World Congress of Constitutional Law” in South Africa in December 2022. Two CyLaw reports are available as Legal Open Source (L.O.S.) publications:
 
[list]
[*][url=https://tuprints.ulb.tu-darmstadt.de/24202/1/Schmid_Cylawreport_XLIII__Oral_Launch_Exit.pdf]CyLaw-Report XLIII: Oral Presentation: “Multidisciplinary Constitutional Law Scholarship from Germany and the EU”[/url]
[*][url=https://tuprints.ulb.tu-darmstadt.de/23166/1/2023_02_03_Schmid%2CViola_CyLaw-Report42_Backbone_Document_Weltrecht%5E2.pdf]CyLaw-Report XLII: Paper: “Multidisciplinary Constitutional Law Scholarship from Germany and the EU”[/url]
[/list]
 
“Weltrecht^2” is a tool that is intended to enable the management of legal (scientific) challenges for an ‘AI-Driven World’. The special feature of public law (legal and legal management) is that these technologies for the human agenda CCAM (climate change mitigation & adaptation) should also be outlined in terms of their foundations and potential. Therefore, the work with a traditional collection of laws with a focus on German and European primary law is formative. In addition, original judgments of case law are made accessible with a didactic tool - Legal Visual Design (LVD). The aim of the “lecture” is to establish innovative teaching to improve the (technology-based) world. Traditionally, two court decisions are the focus of this cyber-university event:
 
[list]
[*]„CCAM“ - Klimaschutz & -anpassung (climate change mitigation & adaption) ([url=https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2021/03/rs20210324_1bvr265618.html;jsessionid=31469DB677B6EAA9773F890A5FD6B34B.1_cid386]BVerfG, Beschluss v. 24. März 2021 – 1 BvR 2656/18[/url]) und
[*]„Recht auf selbstbestimmtes Sterben, Sterbe- und Suizidhilfe“ ([url=https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2020/02/rs20200226_2bvr234715.html]BVerfG, Urteil des Zweiten Senats v. 26. Februar 2020 – 2BvR 2347/15[/url])
[/list]
 
Both decisions stand for a r(e)volutionary dogmatism of the German constitutional court:
 
- In CCAM, constitutional law becomes the pacemaker of a “socio-technical transformation in almost all areas of life and the economy” and in
- “Right to self-determined dying, assisted dying and assisted suicide”, the BVerfG establishes a new standard of human dignity and content. The context with an “AI Driven World” is made clear: human intelligence is perhaps also expected to develop the competence to end its (own) existence. The decision may also stand for a right to renounce technology.
 
Traditionally, students are also familiarized with the path to law, (constitutional) procedural law - namely the distinction between admissibility and justification. The cinematographic event concept includes the film “The Way of Qiuju”.
 
Modules of the lecture “Public Law (Legal and Lawyer Management)” and their contents:
 
1. kick-off, event strategy: “World Law^2”
2. basics for public law: admissibility - the way of “The Way of Qiuju”
3. basics for public law: German-European “multi-level model”
4. “CCAM” - climate change mitigation & adaptation (BVerfG, decision of March 24, 2021 - 1 BvR 2656/18)  ([url=https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2021/03/rs20210324_1bvr265618.html;jsessionid=31469DB677B6EAA9773F890A5FD6B34B.1_cid386]BVerfG, Beschluss v. 24. März 2021 – 1 BvR 2656/18[/url])
5 “Right to self-determined dying, euthanasia and assisted suicide” (BVerfG, judgment of the Second Senate of February 26, 2020 - 2BvR 2347/15) [url=https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2020/02/rs20200226_2bvr234715.html](BVerfG, Urteil des Zweiten Senats v. 26. Februar 2020 – 2BvR 2347/15[/url])
6 German law and German courts on the “drone world”
7. “AI Act” - European legislative procedure & challenges
 
Note:
Reference is also made to the lecture notes from previous semesters. The lecture grid will be continuously updated throughout the semester.
 

Literature
Legal collection required for the lecture and the exam:
[url=https://www.tu-books.de/e/vlb/detailview?no=9783406820885]Beck, Grundgesetz für die Bundesrepublik Deutschland: GG, 72. Auflage. 2024, 14,90€[/url]

 

Preconditions
Translation with DeepL.com on June 13, 2024 (version usable without charge in currency units)
Prerequisite for participation & integration into the multidisciplinary didactics of the constitutional law teacher in other courses
Prerequisite: none
Previous knowledge: none

Level didactics in innovation law: The cyber-university course also prepares students for "European (AI) law", the seminar "Legal Design for an "AI-driven world" (course no. 01-44-0M01/6 and course no. 01-SV-0B01-va/01-SV-0M03-va by the same lecturer) and basically (Legal) AIENCE. In contrast to "European (AI) Law" (automation and autonomization) and "Cyberlaw" (digitalization and automation), the focus in Public Law (Legal & Lawyer Management) (course no.: 01-44-0004-vu) is on perpetual values in TRADITIONAL, CYBER & AILAW.

Further Grading Information
Translation with DeepL.com on June 13, 2024 (version usable without charge in currency units)

[b]A. Qualification objectives[/b]

(1) This is a multidisciplinary program for students who are not seeking a traditional legal competence (judge/(state) lawyer) and capacity portfolio (full-time studies). Nevertheless, they acquire an initial understanding of
- basic legal methodology and dogmatics,
- legal issues from the canon of modern information law (including analysis),
- new issues from an increasingly technology-based world.
(2) Of course, an "AI co-creation science etiquette" is also introduced and the use of AIs and their evaluation is tested (didactic "AI" incubator)
(3) Ideally, students will develop a legal culture that enables them to deal with legal texts (standards, case law, administrative decisions) in a confident, authentic and up-to-date manner and to implement this law in information technology (e.g. privacy as an IT security objective).

[b]B. Learning outcomes[/b]
(1) Instrumental competence: Graduates integrate law into their professional, technical and economic perspectives
(2) Systemic competence: The importance of the federal, social and democratic federal state and the rule of law (Art. 20, 23 para. 1 sentence 3, 28, 79 para. 3 GG) as well as the legal union with priority of application of Union law is incorporated into the personal and academic perspective of cyber citizens.
(3) Communicative competence: Graduates are able to engage in discourse with lawyers with whom they work or are able to choose lawyers who they commission to represent their interests.
*The use of masculine language is in the interest of clarity, brevity and simplicity (in German KKE-Formel). This does not imply a negation of the existence of female competence - but rather a request not to reduce the grammatical masculine to the biological gender."

Official Course Description
The lecture focuses on “legal and lawyer management” from a public law perspective - in other words, it deals with legal challenges in the relationship between citizen and state. The core questions of legal methodology and legal dogmatics will be presented, discussed and interpreted in a scenario-based manner using one of four feature films (“Die Geschichte der Qui Ju” (1992), “Der Fall Jakob von Metzler” (2012), “Terror - Ihr Urteil” (2016) and “Democracy - Im Rausch der Daten” (2015)). These core questions and answers include: “Admissibility & merits”, “Formal & substantive legality”, determination of the cause of action (Section 88 VwGO), “Truth at the price of illegality?” (§ 136a StPO), “multi-level model” and distinction between “law in Germany” and “German law”, hierarchies of legal order and legal norms in German and European law as well as “legal disruption of innovation” (data retention scenario 2006 ff.). To summarize: In addition to the cyberlaw lectures, which deal with specific challenges of the real world supplemented by cyberspace (augmented reality), “Public Law (Legal and Lawyer Management)” is a course on some “eternal features” of the legal “state” (“...”, because the European Union has no state quality).

The lecture format is designed for students who are not aiming for a traditional legal capacity and competence portfolio (judges, lawyers, etc.). They should be confronted with the way lawyers think and work in order to become capable of communicating with lawyers and evaluating lawyers in later life. Ideally, students will also develop a legal culture that enables them to deal with legal texts (standards, case law, administrative decisions) in a confident, authentic and up-to-date manner. In order to promote this competence, the course regularly includes at least one topical module in which legal developments reported in the media or current decisions are presented in a timely manner and put up for discussion (in the past, for example, the “tuition fee ruling” by the Hessian Constitutional Court or the European Court of Justice's ruling on collective bargaining).

* The use of masculine language is in the interest of clarity, brevity and simplicity (KKE formula) combined with the request not to reduce the grammatical masculine to the biological gender.
 

Sustainability Reference of the Course Contents
The event will also focus on the groundbreaking “CCAM” - climate change mitigation & adaptation - ruling ([url=https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2021/03/rs20210324_1bvr265618.html;jsessionid=31469DB677B6EAA9773F890A5FD6B34B.1_cid386]BVerfG, decision of March 24, 2021 - 1 BvR 2656/18[/url]). In this ruling, constitutional law becomes the pacemaker of a “socio-technical transformation in almost all areas of life and the economy” (according to the BVerfG's terminology).