What Is Personalized Law
This chapter introduces the paradigm of personalized law as a distinctive jurisprudential method. It is a particular version of contextual law characterized by individualization: legal commands depend not only on external circumstances, but also on interpersonal differences between people. To identify with precision the relevant differences, and to use these features in a properly weighed manner, personalized law relies on machine-sorted information. For example, algorithms would be trained to identify personal attributes correlated with riskiness, so as to tailor personalized standards of care. The chapter identifies embryonic versions of personalized rules in existing and in old legal systems, to demonstrate that even when legal rules are formally uniform, personalized commands sometimes emerge in their shadow. It also shows the prevalence of private personalized regulation, whereby non-governmental entities develop personalized norms to regulate commercial, religious, and household domains.