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In: Discussion paper series 127 = 93,4
In: Journal of Legal Analysis Vol. 15, 129-157 (2023)
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Working paper
In: Common Market Law Review, Volume 50, Issue Special Issue, p. 3-9
ISSN: 0165-0750
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Working paper
In: Common market law review, Volume 50, Issue 1, p. 3-9
ISSN: 0165-0750
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In: European review of contract law: ERCL, Volume 6, Issue 3
ISSN: 1614-9939
In: European review of contract law: ERCL, Volume 5, Issue 1, p. 1-28
ISSN: 1614-9939
In: International review of law and economics, Volume 25, Issue 3, p. 350-370
ISSN: 0144-8188
In: International review of law and economics, Volume 17, Issue 3, p. 409-421
ISSN: 0144-8188
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. Individual tailoring becomes increasingly possible as technology and data combine and law and regulation could similiarly be applied based on personalised, subjective, criteria. Better drivers would be free to drive faster, more vulnerable consumers would receive stronger warranties and protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and licensing requirements would be more demanding for the less skilled. This book is the first to explore how personalized law can be designed to deliver precision and justice, how data and algorithms might run the system, and what pitfalls the regime would have to prudently avoid. 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.
In: Oxford scholarship online
Introduction -- What is personalized law -- The precision benefit -- Personalized legal areas -- Personalized regulatory techniques -- Personalizing rules by age -- Personalization and distributive justice -- Personalized law & equal protection -- Coordination -- Manipulation -- Governing through data -- Legal robotics.
Perhaps no kind of regulation is more common or less useful than mandated disclosure-requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices?