Granular Legal Norms: Big Data and the Personalization of Private Law

Forthcoming in Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee (eds), Research Handbook on Data Science and Law, Edward Elgar 2018

17 Pages Posted: 1 Jun 2018

See all articles by Christoph Busch

Christoph Busch

University of Osnabrück - European Legal Studies Institute

Alberto De Franceschi

University of Ferrara - Faculty of Law

Date Written: March 06, 2018

Abstract

Against the background of the emerging debate about personalized law, this book chapter explores how Big Data and algorithm-based regulation could fundamentally change the design and structure of legal norms: impersonal law based on typifications could be replaced by a more personalized law, based on "granular legal norms".

We argue that the use of legal typifications which is a hallmark of impersonal law can be conceptualized as the answer to an information problem, a concession to the imperfections of a legal system administered by humans. The emergence of super-human capacities of information-processing through artificial intelligence could make it possible to personalize the law and achieve a level of "granularity" that has hitherto been unachieved. The chapter analyses the benefits of "granular legal norms" as well as possible limitations and objections, in particular privacy concerns and the principle of equality.

Keywords: Algorithms, Big Data, algorithmic regulation, personalized law, granular legal norms, personalization, typifications, privacy, private law

JEL Classification: K00, K10, K11, K12, K13

Suggested Citation

Busch, Christoph and De Franceschi, Alberto, Granular Legal Norms: Big Data and the Personalization of Private Law (March 06, 2018). Forthcoming in Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee (eds), Research Handbook on Data Science and Law, Edward Elgar 2018. Available at SSRN: https://ssrn.com/abstract=3181914

Christoph Busch (Contact Author)

University of Osnabrück - European Legal Studies Institute ( email )

Suesterstrasse 28
Osnabrueck, 49069
Germany

Alberto De Franceschi

University of Ferrara - Faculty of Law ( email )

C.so Ercole I° d'Este 37
Ferrara, I-44121
Italy

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