By: Prof. Dr. Camilo Alfonso Escobar Mora
Founder of LEGADLLY, legal education for lawyers on the foundations of law regarding digital commercial advertising before AI
We can no longer consider that a specific rule on commercial advertising is sufficient to clarify how the rights and, consequently, duties against this form of advertising apply; That is why the foundations of law are important, as they are the conditions that define the form of rights and duties (the form of law). Because the duty to be legal is the whole of what is defined by law, then it is not valid to continue dividing the law unnecessarily, fallaciously, guiltily; As with the fact of considering that private and public rights exist, what exists is the law, which is why it is something universal.
Of course, when norms are created, that is, ways of clarifying elements of rights and duties (which is why not everything called a norm is), it is an advance, because it is possible to know and apply the rights and correlative duties in an optimal way, simpler compared to the way known before. It is pertinent to emphasize that this is the reason why the law is the whole of the law, what must be complied with for there to be validity, that is, the just, the good; which only manifests itself when each person complies with the law, that is, enjoys -therefore, all- the rights and, respectively, complies with -all- the duties, in the legal relationship (case).
A law is not a whim, it is not something arbitrary, it is not an anti-legal formalism, it is what must be applied, attended to, so that the exercise of rights and duties exists; an affirmation that serves to understand that the philosophy of law, legal theory, is not a set of reflections (generally abstract) on law but the specification of the characteristics of rights and duties; that it is a process, that is why law evolves, every time new knowledge is obtained about the form of rights, therefore, duties.
This leaves a solid message about the duty to be legal in the face of commercial digital advertising, which, in the current context with artificial intelligence (AI), presents a form that could not be legally handled with a mere dependence on specific public regulations; Lawyers must know and apply the law, so we are professionals in it, in its knowledge (theory) and practice (practice). In fact, it can be noted that, at the same time, the existing commercial advertising in relation to the digital medium serves to illustrate, teach, know, in general, the law (it must be legal). For this reason, the work of LEGADLLY is to train lawyers in legal foundations in this kind of advertising, and any lawyer benefits from it, not only those focused on what is known as commercial law or, with high confusion and uncertainty of a particular field of action, digital law.