Personalized Law: Different Rules for Different People

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. cover Half title Personalized Law Copyright Dedication Table of Contents Preface 1. Introduction Diary: A Day in the Life of David and Abigail The Plan of the Book Part I 2. What Is Personalized Law Contextualization: The Old Precision Law Personalization: The New Precision Law Personalized Rules Everywhere Self-​Personalization Personalization and the Objectives of the Law Conclusion 3. The Precision Benefit Personalized Everything The Benefits of Personalization The Benefits of Personalized Law The Production Costs of Precision Conclusion Part II 4. Personalized Legal Areas Tort Law: The “Reasonable You” Risk-​Based Personalized Standards Skill-​Based Personalized Standards Are Personalized Standards of Care Just? Consumer Protection Law Two Dimensions of Personalization: Value and Price The Potential Pitfalls of Personalized Consumer Protections Criminal Law Benefit-​Based Personalization Detection-​Based Personalization 5. Personalized Regulatory Techniques Personalized Default Rules Personalized Mandated Disclosures Personalized Compensation Personalized Bundles of Rights and Duties 6. Personalizing Rules by Age Age as Input into Legal Commands Age as Output of the Legal Command Trouble with Using Age as Input Part III 7. Personalization and Distributive Justice Personalized Rules and Relevant Criteria Conflicts Between Distributive Justice Goals and Other Goals Using Personalized Law to Advance Distributive Justice Goals Personalized Law and Discrimination Suspect Classifications Data Echoing Historical Biases Fixing Uniform Laws’ Unequal Impact 8. Personalized Law and Equal Protection The Constitutionality of Statistics Individualized Treatment Narrowly Tailored Three Arguments for Differential Treatment Disparate Impact Conclusion Part Iv 9. Coordination Coordination of Group Activity Coordination of Individual Acts Coordination and Information Coordination as Participation 10. Manipulation Distorted Investment in Human Capital Pretending Arbitrage Ways to Restrain Manipulation Immutable Characteristics Hypothetical Characteristics The Numerosity of Characteristics and Commands Preventing Arbitrage 11. Governing Through Data What Information is Required for Lawmaking? Where will the Information Come From? Obeying Personalized Commands Privacy and Data Protection People’s Interests in Privacy Society’s Interest in Data Protection 12. Conclusion: Legal Robotics Law and Artificial Intelligence The Human Design Tomorrow Morning Index