“Some scholars today praise a personalization of the law due to new technological possibilities such as algorithmic analysis of Big Data. When companies personalize their advertisement, why should the legislator refrain from doing the same? Especially default rules seem to be particularly apt for personalization, because they are – at first glance – supposed to mirror what the parties would have wanted. Of course, the law will match better with what the parties would have wanted if it is made to measure for them …” (more)
[Philip Bender, Oxford Business Law Blog, 25 June]
First posted 2020-06-25 05:57:46
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