Description
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.
Table of Contents
PrefaceCHAPTER 1: IntroductionPART I: INTRODUCING PERSONALIZED LAWCHAPTER 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-- ConclusionCHAPTER 3: The Precision Benefit-- Personalized Everything-- The Benefits of Personalization-- The Benefits of Personalized Law-- The Production Cost of Precision-- ConclusionPART II: PERSONALIZED LAW IN ACTIONCHAPTER 4: Personalized Legal Areas-- Tort Law "The Reasonable You"---- Risked-based Personalized Standards---- Skill-based Personalized Standards---- Are Personalized Standards of Care Just?-- Consumer Protection Law---- Two Dimensions of Personalization: Value & Price---- The Potential Pitfalls of Personalized Consumer Protection-- Criminal Law---- Benefit-Based Personalization---- Detection-Based PersonalizationCHAPTER 5: Personalized Regulatory Techniques-- Personalized Default Rules-- Personalized Mandated Disclosures-- Personalized Compensation-- Personalized Bundles of Rights and DutiesCHAPTER 6: Personalizing Rules by Age-- Age as Input into Legal Command-- Age as Output of the Legal Command-- Trouble with Using Age as InputPART III: PERSONALIZED LAW & EQUALITYCHAPTER 7: Personalization and Distributive Justice-- Personalized Rules & Relevant Criteria-- Conflicts Between Distributive Justice Goals & Other Goals-- Using Personalized Law to Advance Distributive Justice Goals-- Personalized Law & Discrimination---- Suspect Classification---- Data Echoing Historical Biases-- Fixing Uniform Laws' Unequal ImpactCHAPTER 8: Personalized Law & Equal Protection-- The Constitutionality of Statistics-- Individualized Treatment-- Narrowly Tailored-- The Arguments for Differential Treatment-- Disparate ImpactPART IV: IMPLEMENTATION OF PERSONALIZED LAWCHAPTER 9: Coordination-- Coordination of Group Activity-- Coordination of Individual Acts-- Coordination & Information-- Coordination as ParticipationCHAPTER 10: Manipulation-- Distorted Investment in Human Capital-- Pretending-- Arbitrage-- Ways to Restrain Manipulation---- Immutable Characteristics---- Hypothetical Characteristics---- The Numerosity of Characteristics & Commands---- Preventing ArbitrageCHAPTER 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 ProtectionCHAPTER 12: Legal Robotics-- Law & Artificial Intelligence-- The Human Design-- Tomorrow Morning
