We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting.
Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
Rezensionen / Stimmen
This book is an excellent opening salvo. The writing is clear and the matter investigated from many angles. * Tom Proverbs-Garbett, Law Society Gazette * The authors offer a highly readable, carefully argued case for a most provocative thesis. Recommended. Lower- and upper-division undergraduates. Graduate students, faculty, and professionals. General readers. * J. A. Gauthier, CHOICE *
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 240 mm
Breite: 160 mm
Dicke: 28 mm
Gewicht
ISBN-13
978-0-19-752281-3 (9780197522813)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Omri Ben-Shahar is the Leo and Eileen Herzel Professor of Law at the University of Chicago Law School, and the Kearny Director of the Coase-Sandor Institute for Law and Economics. He writes and teaches in the areas of contract law, consumer law, insurance law, trademark law, food law, and law-and-economics. Ben-Shahar is the co-author of More Than You Wanted To Know: The Failure of Mandated Disclosure (with Carl Schneider, Princeton Press 2014). Ben-Shahar is currently serving as a Reporter for the American Law Institute's Restatement of the Law, Consumer Contracts.
Ariel Porat is the Alain Poher Professor of Law, and the President of Tel Aviv University. He is a member of the Israel Academy of Sciences and the EMET Prize Laureate (2014). He teaches and writes in the areas of tort law, contract law, and remedies. Porat is the co-author of Getting Incentives Right - Improving Torts, Contracts, and Restitution (with Robert Cooter, Princeton Press, 2014) and Tort Liability under Uncertainty (with Alex Stein, Oxford University Press, 2001). In the years 2003-19, Porat was a Fischel-Neil Distinguished Visiting Professor at the University of Chicago Law School. He was also a visiting professor at the universities of Columbia, Stanford, NYU, Berkeley, Virginia, and Toronto.
Autor*in
Leo Herzel Professor of LawLeo Herzel Professor of Law, University of Chicago
Alain Poher Professor of Law & PresidentAlain Poher Professor of Law & President, Tel Aviv University
Preface
CHAPTER 1: Introduction
PART I: INTRODUCING PERSONALIZED LAW
CHAPTER 2: What is Personalized Law
-- Contextualization: The Old Precision Law
-- Personalization: The New Precision Law
-- Personalized Rules Everywhere
-- Self Personalization
-- Personalization & the Objectives of the Law
-- Conclusion
CHAPTER 3: The Precision Benefit
-- Personalized Everything
-- The Benefits of Personalization
-- The Benefits of Personalized Law
-- The Production Cost of Precision
-- Conclusion
PART II: PERSONALIZED LAW IN ACTION
CHAPTER 4: Personalized Legal Areas
-- Tort Law ' Unequal Impact
CHAPTER 8: Personalized Law & Equal Protection
-- The Constitutionality of Statistics
-- Individualized Treatment
-- Narrowly Tailored
-- The Arguments for Differential Treatment
-- Disparate Impact
PART IV: IMPLEMENTATION OF PERSONALIZED LAW
CHAPTER 9: Coordination
-- Coordination of Group Activity
-- Coordination of Individual Acts
-- Coordination & Information
-- Coordination as Participation
CHAPTER 10: Manipulation
-- Distorted Investment in Human Capital
-- Pretending
-- Arbitrage
-- Ways to Restrain Manipulation
---- Immutable Characteristics
---- Hypothetical Characteristics
---- The Numerosity of Characteristics & Commands
---- Preventing Arbitrage
CHAPTER 11: Governing Through Data
-- Information is Required for Lawmaking
-- Where Will the Information Come From?
-- Obeying Personalized Commands
-- Privacy & Data Protection
---- People>'s Interest in Privacy
---- Society>'s Interest in Data Protection
CHAPTER 12: Legal Robotics
-- Law & Artificial Intelligence
-- The Human Design
-- Tomorrow Morning
