Blog de la facultad de Derecho

28 de marzo de 2019

The Design of Law

Concerning the recent visit to #Colombia by Professor Margaret Hagan, Director of the Legal Design Lab at Stanford University, some reflections arise regarding this novel and curious way of understanding Law as an interdisciplinary science

Por: Daniel Peña Valenzuela

Concerning the recent visit to Colombia by Professor Margaret Hagan, Director of the Legal Design Lab at Stanford University, some reflections arise regarding this novel and curious way of understanding Law as an interdisciplinary science:

1. The Law is increasingly experiencing the influence of other areas and areas of expertise; now the engineers and designers have the word and the protagonism regarding the best way to build laws, contracts and other “legal interfaces”.

2. The design of legal institutions has always been based on humanism, the human being as the center and reason for being. With Legal Design it is presented both substance and form. The architecture of the legal system must be more friendly, effective and useful. It is also true that legal institutions must be built in order to guarantee ethical values ​​and fundamental rights. Welcome also the Design for the substantial!

3. A better design of judicial systems and the application of disruptive technologies can allow greater efficiency and access to justice. A good design of the procedures (for instance el “proceso monitorio”, a Fast-track execution proceeding) would consolidate a practical advance already established in the procedural system. The idea of ​​a reform to the private law of Colombia should involve as one of its scenarios the Legal Design to have a new form of institutional and legal construction, hopefully with a location or “creolization” of the Stanford methodology.

4. In the universe under construction of the #LegalTech ventures and the optimization of the administration and management of legal firms, this methodology is useful for the idea-monetization in billing. The Legal Design laboratories must be part of the programs of the Law Schools to incorporate this methodology in the analysis of law, construction of legal services companies and contribution in legal-social support projects that our country needs so much.

 

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