Abstract
In this short Essay, I trace the personalized law concept through the history and present of one of the institutions through which law has traditionally attained personalization—the open-ended norm of good faith. I argue that personalized law could be a modern application of this norm. Good faith is a notion known to legal systems for centuries; from this perspective, it is a relic pertaining to the ancient world. But good faith may be embedded in the legal technology of the future—an ancient alien.
Part I is dedicated to a discussion of good faith as it emerged in classical Roman law. In Part II, I set the scene for a wider discussion that is necessary on the current role of good faith in the contract law of cyberspace. Lastly, in Part III, I look at the relationship between good faith and personalized consumer law, and I address two main challenges this latter concept ought to overcome in order to become a feasible and desirable direction for lawmaking in the next decades.
Part I is dedicated to a discussion of good faith as it emerged in classical Roman law. In Part II, I set the scene for a wider discussion that is necessary on the current role of good faith in the contract law of cyberspace. Lastly, in Part III, I look at the relationship between good faith and personalized consumer law, and I address two main challenges this latter concept ought to overcome in order to become a feasible and desirable direction for lawmaking in the next decades.
| Original language | English |
|---|---|
| Publisher | The University of Chicago Law Review Online |
| Media of output | Online |
| Publication status | Published - 2022 |