Associate Professor Lonneke Poort feels most at home with the questions behind the law. Early in her career, she discovered that traditional positive law — focused on rules and case law — appealed to her less. What has fascinated her from the very beginning is the context of legislation: how laws come into being, how they interact with technological and societal change, and which underlying values they express. Her research moves between legal theory, biotechnology, AI and sustainability, united by one central question: how can we ensure that the law does not repair after the fact, but anticipates and co-creates?
In our series Where Law Meets (your) Business, we show how staff members of Erasmus School of Law apply their expertise — in research, education, support, and the vital connection between law and society. We spoke with Lonneke about her journey from legal history to genetic modification, about interactive law-making, and about the importance of legal robustness in a world that is changing ever faster.
“I wanted to contribute to a just society. That has always remained the core.”
Lonneke began her law studies in Tilburg with the ambition to support society’s most vulnerable groups through social security law. Yet practice proved more recalcitrant: the specialisation was discontinued, and the lectures on positive law inspired her less. “I found the history, the theory, and the reflection on law more interesting than the doctrinal parts,” she recalls. What followed was a thesis on a seventeenth-century Brabant band of outlaws, a temporary position in legal theory, and an unexpected invitation: would she consider a PhD on animal biotechnology? “I knew nothing about it. I even had to learn Danish and German to understand the legislation. But I was captivated.” Her dissertation explored how legislation can emerge through dialogue with stakeholders — an interactive approach in which regulation allows room for social norms and flexibility.
What follows is a thesis on a 17th-century Brabant gang, a temporary position in legal theory, and an unexpected invitation: would she pursue a PhD in animal biotechnology? "I had no idea; I even had to learn Danish and German to understand the legislation. But I was captivated." In her dissertation, she examines how legislation is developed through dialogue with stakeholders, an interactive approach in which regulations allow for societal norms and flexibility.
Technology is developing faster than the law and that is precisely the problem
Today, Lonneke focuses on the legal regulation of rapidly developing technologies. She studies both “red” and “green” biotechnology — from medical applications to agricultural innovations — and the ethical, social and legal questions that accompany them. “Current legislation is often purely risk-based,” she explains. “But there are also fundamental questions: Do we even want this? Which problems are we actually solving? And what does this say about how we, as a society, engage with technology?”
She gives an example: genetic modification in cattle to prevent horn growth, reducing injuries in crowded barns. “That sounds animal-friendly. But it also raises the question whether we should want to keep so many animals together in the first place. Technology forces us to re-examine our norms and values and the law must make space for that.”
Legal by design: law belongs at the drawing board
Lonneke is a strong advocate of legal by design, the idea that lawyers should be involved from the earliest stages of technological development. “Right now, applications are conceived, tested, and brought to market. Only afterwards do we ask whether legislation is needed. Far too late.”
She brings the same perspective into her teaching, exploring how lawyers should position themselves in relation to sustainability and AI technologies. Together with Margreet Luth-MorganShe challenges students to think about that role in the Legal Ethics course. “It requires different skills fromthe lawyer of the future. Less reactive, more guiding.”
Where her ‘business’ lies? In the meeting between society and legislation
Although the slogan of this series may not seem to apply directly to her field, Lonneke defines her own version effortlessly: “My business lies in the encounter between law and society, in engaging stakeholders, embedding perspectives, and ensuring that the law truly works. Not only on paper, but also in practice.”
Now firmly rooted within the Department of Law & Markets, she works closely with colleagues across a wide range of legal disciplines. “The themes interconnect: sustainability, digitalisation, food safety, AI. And I’m enjoying it more and more.”
Legislation as a product of multiple forms of knowledge
Central to her work is the notion of regulatory knowledge. “Good legislation requires a sound understanding of the problem and that takes more than just legal or scientific expertise. You also need social insight. Sustainability, in my view, deserves recognition as a distinct form of knowledge.” She develops this vision further in publications and collaborations with colleagues such as Alberto Quintavalla.
In a recent government report co-authored with Willem Jan Kortleven, she examined how legislation can become more resilient. “Technological innovation demands adaptability. But you also need legal robustness, rules that can withstand pressure, even under societal strain.” That tension continues to fascinate her. “Take the COVID-XNUMX measures: there was an urgency to act, yet those same measures placed fundamental rights under pressure. We must prevent the law from bending to the whims of the day.”
Looking ahead: developing a methodology for legal by design
Together with Willem Jan Kortleven, Lonneke developed a legal framework for resilient legislation, legislation that can adapt to technological change without losing its legal foundations. In the period ahead, she aims to translate this idea into a practical methodology applicable across different domains and technologies, including AI in the legal profession and in healthcare.
Ultimately, all of Lonneke’s work revolves around the same question: how can we design legislation around rapidly evolving technologies that also raise deep moral and societal questions? It is within that tension that she builds frameworks able to move with innovation without losing sight of the law’s foundations. Because only legislation that is both resilient and carefully crafted will remain relevant in the world of tomorrow.
