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Personalized Law Different Rules for Different People

Ben-Shahar Omri Porat Ariel
Innbundet / 2021 / Engelsk

Produktdetaljer

ISBN
9780197522813
Publisert
2021
Utgiver
Oxford University Press Inc
Vekt
522 gr
Høyde
236 mm
Bredde
160 mm
Dybde
25 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
256

Forfatter
Ben-Shahar Omri
Porat Ariel

Biografisk notat

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.

Personalized Law Different Rules for Different People

Ben-Shahar Omri Porat Ariel
Innbundet / 2021 / Engelsk
Ben-Shahar Omri Porat Ariel
Innbundet / 2021 / Engelsk
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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

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.
Les mer
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform.
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
Les mer
"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
Les mer
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.
Les mer
Selling point: Considers how legal rules might now be adapted to apply according to individual circumstances and the implications of any such tailoring of individual rights and responsibilities. Selling point: Comprehensively challenges a basic value of all legal systems: uniformity of all laws. Selling point: Explains how "Personalized Law" can work to the non-legal person. Selling point: Applies a vision of "Personalized Law" across a variety of real-life situations.
Les mer

Relaterte produkter

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

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.
Les mer
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform.
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
Les mer
"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
Les mer
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.
Les mer
Selling point: Considers how legal rules might now be adapted to apply according to individual circumstances and the implications of any such tailoring of individual rights and responsibilities. Selling point: Comprehensively challenges a basic value of all legal systems: uniformity of all laws. Selling point: Explains how "Personalized Law" can work to the non-legal person. Selling point: Applies a vision of "Personalized Law" across a variety of real-life situations.
Les mer

Produktdetaljer

ISBN
9780197522813
Publisert
2021
Utgiver
Oxford University Press Inc
Vekt
522 gr
Høyde
236 mm
Bredde
160 mm
Dybde
25 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
256

Forfatter
Ben-Shahar Omri
Porat Ariel

Biografisk notat

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.

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