TY - JOUR
T1 - Replacing God with Big Data:
T2 - personalizing copyright law
AU - Libson, A.
AU - Hoffman Libson, Ayelet
PY - 2021/7
Y1 - 2021/7
N2 - Can religious law serve as a source of inspiration for a modern legal
system? As all religious legal systems, Jewish law includes statutes that rely
on a premise of divine omniscience. By assuming a worldview in which God
sees into the human heart, Jewish law can allow for subjective and
personalized legal norms that derive from individuals' assessments of value
or need. Ostensibly, the centrality of divine omniscience in enabling such
laws renders them irrelevant to a secular legal system. This article highlights
how, surprisingly, the legal structure of these norms may nonetheless be a
fruitful source of inspiration for a modern legal system. The article focuses
on the Jewish legal model of personalized copyright, and demonstrates how
this model could be applied in modern secular law by replacing the function
of the belief in divine omniscience with the use of big data.
AB - Can religious law serve as a source of inspiration for a modern legal
system? As all religious legal systems, Jewish law includes statutes that rely
on a premise of divine omniscience. By assuming a worldview in which God
sees into the human heart, Jewish law can allow for subjective and
personalized legal norms that derive from individuals' assessments of value
or need. Ostensibly, the centrality of divine omniscience in enabling such
laws renders them irrelevant to a secular legal system. This article highlights
how, surprisingly, the legal structure of these norms may nonetheless be a
fruitful source of inspiration for a modern legal system. The article focuses
on the Jewish legal model of personalized copyright, and demonstrates how
this model could be applied in modern secular law by replacing the function
of the belief in divine omniscience with the use of big data.
UR - https://heinonline.org/HOL/LandingPage?handle=hein.journals/builj39&div=11&id=&page=
M3 - ???researchoutput.researchoutputtypes.contributiontojournal.article???
VL - 39
SP - 181
EP - 206
JO - Boston University International Law Journal
JF - Boston University International Law Journal
IS - 2
M1 - 3
ER -