当前货币:HKD

您的购物车中没有商品。

Algorithmic Regulation and Personalized Law: A Handbook

Algorithmic Regulation and Personalized Law: A Handbook

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509931750
  • 出版时间 December 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
RM1,211.25
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This new handbook takes an innovative look at the current and potential effects of big data and artificial intelligence on the legal system. It explains how technological advances in data collection and information processing will make it possible to change the design of legal rules and tailor them to specific individuals. This new type of “granular legal norms” is part of a broader trend towards algorithmic regulation in the emerging data economy. With practical examples from contract, consumer and tort law, leading experts from Canada, Europe, Israel, and the United States explain how and to what extent legal norms could be personalised. They explore the advantages, limitations and potential dangers of legal micro-targeting and explain how the personalisation of legal norms could change the relationship between individuality, privacy and the protection of general interests. This handbook offers a multi-faceted overview of the emerging field of “personalised law” and provides a unique source of inspiration for scholars, lawyers, judges and lawmakers.

  • Part 1: The Concept of Personalized Law
    A. Personalizing Default Rules and Disclosure with Big Data (Porat/Strahilevitz)
    I. Introduction
    II. Theories of personalized default rules
    III. The feasibility of personalized default rules
    IV. Possible Objections and Limitations
    V. Personalized disclosure
    VI. Conclusion
    B. Personalizing Negligence Law (Ben-Shahar/Porat)
    I. Introduction
    II. Personalized negligence under existing law
    III. The efficiency of personalized standards
    IV. Justice considerations
    V. Broadening personalization
    VI. Conclusion
    C. The Death of Rules and Standards (Casey/Niblett)
    I. Introduction
    II. The emergence of microdirectives and the decline of rules and standards
    III. Conclusion
    Part 2: Critique and Theoretical Perspectives
    D. The Law between Generality and Particularity. Chances and Limits of Personalized Law (Grigoleit/Bender)
    I. Introduction
    II. Distinctions and notional specifications
    III. Evolutionary perspectives
    IV. Revolutionary perspectives
    V. Conclusions
    E. Granular Norms and the Concept of Law: A Critique (Auer)
    I. The Inevitability of Legal Typification
    II. The Problem of Algorithmic Discrimination
    III. The Scope of Granular Law and the Rise of Consumerism
    IV. Regulation and the Rule of Law
    V. Granularization and the Problem of Rule-Following
    F. Logopoeia: Normative Typification and Granular Norm's Informational Differentiation (Femia)
    I. More acts or more words: negotia, pragmata, activities
    II. Two ways of grasping reality: taming the chaos with Emilio Betti and Tullio Ascarelli
    III. End of the journey among the concepts' penumbra. From type to typification, and from typification to dissemination
    IV. Big data: quantities make a qualitative shift in nomogenesis
    V. Nomogenesis at the intersection point between normative technique and informational limit
    VI. The loss of informational innocence
    VII. Norms on the move
    VIII. Les communications & les commerces
    IX. Politics or Algorithmics
    G. “Granularization” and Cross-Subsidies: Liberal, Neoliberal and Socialist Perspectives (Denozza/Maugeri)
    I. Granularization: a consistent outcome of a neoliberal trend
    II. The costs of granularization: the many shortcomings of algorithmic governmentality
    III. Liberal general principles v. neoliberal “granularized” rules
    IV. Is granularization efficient? Abstraction and totality in neoliberal thought
    V. Granularization and cross subsidy
    VI. What's wrong, if anything, with cross-subsidy
    Part 3: Personalization in Contract, Consumer and Tort Law
    H. 'Granular Legal Norms' in the Financial Services Trade (Sirena)
    I. The advent of a digital law
    II. The trend towards the personalization of private law: from the 'average consumer' to the 'images of the consumer'
    III. The discourse on granular legal norms (particularly with regard to the duties of disclosure provided by European contract law
    IV. The personalization of financial services
    V. Some final remarks
    I. De- or Re-typification through Big Data Analytics? The Case of Consumer Law (Micklitz)
    I. Clarification and Argument
    II. From Typification to Granularization prior to Big Data Analytics
    III. From Granularization to Personalization through Big Data Analytics
    IV. Big Data Analytics in Law Making and Law Enforcement
    V. Prospects for big data analytics in consumer law
    VI. Big Data Analytics and Re-typification
    J. Personalization of the Law and Unfair Terms in Consumer Contracts (Patti)
    I. Introduction
    II. The setting within the European context
    III. The role of personalized law
    IV. The enforcement
    V. Conclusion
    K. Personalization of Tort Law? (von Bar)
    Part 4: Technological and Behavioral Perspectives
    L. Personalized Law and the Behavioral Sciences (Hacker)
    I. A very short introduction to behavioral law and economics
    II. The knowledge problem in behavioral law and economics
    III. Examples of personalized behavioral law
    IV. The limits of personalized behavioral law
    1. The strength of empirical correlations
    2. Algorithmic bias and discrimination
    V. Good governance of personalized behavioral law
    1. Privacy respecting metrics
    2. Oversight and algorithmic auditing
    VI. Conclusion
    M. “Smart Contract”, “Granular Norms” and Non-Discrimination(Zeno-Zencovich)
    I. Only words
    II. How “smart” can contracts be
    III. Creditworthiness
    IV. “Granular norms”
    V. Non-discrimination in the age of big data
    N. Algorithmic Regulation and (Im)Perfect Enforcement in the Personalized Economy (Busch)
    I. Introduction
    II. Big Data and the Crisis of Generalities
    III. Making Laws for the Personalized Economy
    IV. Governance of Algorithms for Personalized Law
    V. Conclusion

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: RM314.07

RM304.65 Save RM9.42 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
RM2,074.23
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: RM786.60

RM763.00 Save RM23.60 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: RM1,995.00

RM1,935.15 Save RM59.85 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: RM855.00

RM829.35 Save RM25.65 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: RM2,040.60

RM1,979.38 Save RM61.22 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: RM1,299.60

RM1,260.61 Save RM38.99 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: RM2,508.00

RM2,432.76 Save RM75.24 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: RM1,185.60

RM1,150.03 Save RM35.57 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: RM855.00

RM829.35 Save RM25.65 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: RM1,140.00

RM1,105.80 Save RM34.20 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: RM1,026.00

RM995.22 Save RM30.78 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: RM1,026.00

RM995.22 Save RM30.78 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: RM1,425.00

RM1,382.25 Save RM42.75 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: RM1,822.86

RM1,768.17 Save RM54.69 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: RM1,620.51

RM1,571.89 Save RM48.62 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: RM280.44

RM272.03 Save RM8.41 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: RM1,140.00

RM1,105.80 Save RM34.20 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: RM969.00

RM939.93 Save RM29.07 (3%)

Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition
Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

List Price: RM1,197.00

RM1,161.09 Save RM35.91 (3%)