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The generation and use of data in society has seen exponential
growth in recent years. The emergent field of data science,
concerned with understanding and analyzing this data, can be
applied to applications spanning from healthcare and urban planning
to smart household devices. The legal questions which accompany the
rise of these technologies, however, remains underexplored.
Breaking new ground this Research Handbook maps the legal
implications of the emergence of data science. Drawing on
comparative perspectives, this Research Handbook approaches the
subject from different legal domains, considering the possibilities
and limitations of the current legal framework. Reflecting on
whether further regulation is needed to address the ethical and
legal problems raised by data science, the contributors examine how
the practice is, and should be, regulated and how it influences the
law, judiciary, and legal research. The book makes a vital
contribution to the emerging field of data science and law as a
discipline, and covers data science methodologies and tools
essential for both legal practice and scholarship. The Research
Handbook in Data Science and Law will be an important resource for
students interested in data and technology law, as well as for
legal scholars and practitioners in the field. Data scientists
seeking an introduction to the law surrounding the field will also
find this Research Handbook invaluable. Contributors include: A.
Berlee, C. Busch, A. Carlson, M.O. Cuevas, B. Custers, A. Daly, A.
De Franceschi, W. Kaufmann, A. Klop, S. Kreifels, K.M. Kryla-Cudna,
A.J.F. Lafarre, V. Mak, M. Mattioli, R. Nurullaev, R. Podszun, M.G.
Porcedda, C. Prins, S. Ranchordas, R. Russo, K.K.E.C.T. Swinnen, P.
Szulewski, E.T.T. Tai, H. U
In numerous fields of law, ranging from family law to company law,
private actors increasingly set their own rules, revert to private
enforcement of those rules and choose the applicable law. Within
each field this tendency has already been scrutinised. Until now,
however, few attempts have been made to look at these phenomena
together with a view to arriving at conclusions that go beyond one
specific field. This book is a first attempt to fill this gap. It
is relevant for scholars and practitioners working in the
individual fields of law covered (private international law,
company law, family law, consumer law and commercial law) as well
as for scholars and policy makers trying to grasp the overall
nature of the increasing privatisation of the law.
Contractual remedies aimed at performance create a well-known rift
between common law and civil law traditions, in the one existing in
the shadow of damages, while in the other regarded as a generally
enforceable right following from the contract. Developments in
approximation of laws in Europe, in particular in consumer sales
law, suggest however that a convergence of these approaches may be
within reach. Putting the focus on the contract of sale, which, as
the most common type of contract, may fulfill a leading role in the
harmonization process, this book provides a model for further
convergence of European sales laws, engaging with issues of
contract theory and comparative law lying at the heart of the
process. Independently from this, the comparison between different
systems is used in order to highlight particular problems in the
remedial schemes of individual systems and to see whether a better
solution may be borrowed from elsewhere. Scaling the interests of
sellers and buyers as reflected in national laws as well as in
uniform sets of rules such as the UN Convention on Contracts for
the International Sale of Goods and the Principles of European
Contract Law a plea is made for a primary position for
performance-oriented remedies in the harmonization of European
sales law. In this context, special significance is attributed to
the possibility of cure by the seller, which has both practical and
conceptual links to the buyer's remedies aimed at performance.
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