Personalized LawPub Date : 2021-06-17DOI: 10.1093/oso/9780197522813.003.0010
O. Ben‐Shahar, Ariel Porat
{"title":"Manipulation","authors":"O. Ben‐Shahar, Ariel Porat","doi":"10.1093/oso/9780197522813.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780197522813.003.0010","url":null,"abstract":"This chapter examines a potential distortion that personalized rules might breed: manipulation. Anticipating ways in which their personal traits might affect their legal treatment, people could make socially undesirable choices in order to qualify for more favorable commands. If, for example, one’s investment in improved technical skills leads to an increase in the personalized standards of care under tort law, the incentives to invest might be chilled. The chapter examines various forms of manipulation. It first discusses the distorted incentive to develop human capital. It then explores the possibility of “pretending”—people’s attempts to change not their underlying traits but their appearance. It also demonstrates a third problem, “arbitrage,” where people circumvent the personalized treatment by operating through agents or purchasing superior legal treatments from others. Recognizing this array of manipulative strategies, the chapter than offers two responses. It argues that the scope of the manipulation problem is minor, first because each personal trait has typically only a small incremental effect on any legal command. Second, in cases where manipulation is potentially significant, non-manipulable inputs could be used.","PeriodicalId":240716,"journal":{"name":"Personalized Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127075305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Personalized LawPub Date : 2021-06-17DOI: 10.1093/oso/9780197522813.003.0009
O. Ben‐Shahar, A. Porat
{"title":"Coordination","authors":"O. Ben‐Shahar, A. Porat","doi":"10.1093/oso/9780197522813.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780197522813.003.0009","url":null,"abstract":"This chapter examines problems of coordination that could arise under personalized law, where different people are subject to different rules guiding their behavior. While earlier chapters of the book focused on individual actors and their personal legal environments, this chapter shifts to look at joint activity—how the interaction between people could be affected by personalized law. Would a personalized law regime that optimizes the atomistic parts result in more social harm, by neglecting the composite whole? It is often noted, correctly, that standardization and uniformity are needed for well-coordinated activity, to help people anticipate what others will do and synchronize their own actions. The chapter argues, however, that personalized law has a surprising potential to advance new forms of coordination. The chapter examines rules of traffic, methods of contracting, procedure in litigation, and the forms of property rights (numerus clausus), and argues that a properly designed personalized law regime could potentially achieve coordination in these spheres despite the greater variation and the non-uniformity of rules and of individual actions.","PeriodicalId":240716,"journal":{"name":"Personalized Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124777410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}