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- Title
The Problem of Measurability in Personalized Law.
- Authors
Leibovitch, Adi
- Abstract
The article explores the concept of personalized law, which aims to tailor legal requirements to individual abilities and preferences. It discusses the potential benefits of personalized law, such as increased accuracy and individual satisfaction, but also highlights challenges and biases that can arise. These include biases in measuring factors, difficulties in discerning preferences, and the potential for personalized defaults to shape perceptions and behaviors. The article emphasizes the need for careful consideration and solutions to address these challenges and ensure the fairness and effectiveness of personalized law. It also discusses the debate surrounding the use of algorithms and big data in creating legal rules, with critics expressing concerns about a shift away from normative reasoning. Proponents argue that algorithms can align legal rules with normative goals and reduce bias. The article concludes by acknowledging that while personalized law has its benefits, it requires thoughtful implementation to address potential biases and ensure effective decision-making.
- Subjects
CONTRACTS; CRIMINAL justice system; GOVERNMENT policy; PUNISHMENT; ADMINISTRATIVE law; INTERNATIONAL law; COGNITIVE bias
- Publication
Jerusalem Review of Legal Studies, 2024, Vol 29, Issue 1, p9
- ISSN
2219-7125
- Publication type
Article
- DOI
10.1093/jrls/jlae001