Omri Ben-Shahar and Ariel Porat wrote an exciting and provocative book that manages to stir your imagination and occupy your thoughts long after you’re done reading it.
June
2024
Personalized Law: Different Rules for Different People
The potential of adjusting legal rules to personal characteristics is obvious: while the reason of law coincides with the purposes of its norms, the fulfillment of these very purposes depends, in many ways, on personal characteristics of the individuals to which legal provisions relate.
As society becomes more measurable, our reliance on unmeasurable legal rules has been brought into question.
In 1980, the Hofstra Law Review ran a symposium on “Efficiency as a Legal Concern.”
Professors Omri Ben-Shahar and Ariel Porat paint a fascinating picture of a potentially very different legal future in Personalized Law: Different Rules for Different People.
Part 121 of Title 14 of the Code of Federal Regulations provides rules for operating commercial air transportation services.
Personalized law is a new model of rulemaking where each person is subject to different legal rules and bound by their own personally tailored law.
In Personalized Law: Different Rules for Different People, Professors Omri Ben-Shahar and Ariel Porat imagine a brave new tort world wherein the ubiquitous reasonable person standard is replaced by myriad personalized “reasonable you” commands.
In Personalized Law: Different Rules for Different People, Professors Omri Ben-Shahar and Ariel Porat defend the desirability and justice of personalized law.
Less obviously, though, the book is not mostly about technology.