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oapen-20.500.12657-851872023-11-17T02:25:31Z Private Law, Nudging and Behavioural Economic Analysis Karampatzos, Antonios BEAL;BEAL Approach;Behavioral economic analysis of law;behavioral economics;behavioral economic analysis;behavioral law;consumer behavior;consumer protection law;consumer protection provisions;cross-subsidization;Directive 85/374/EEC;de lege ferenda;EU legal paternalism;EU Private Law;European Union Private Law;economics;freedom of choice;Kant;liberal tradition;libertarian paternalism;Mill;mandated-choice model;nudge theory;opt-in system;opt-out system;Personal Autonomy;paternalism;paternalistic interference;personalizing private law;private law bic Book Industry Communication::L Law::LA Jurisprudence & general issues bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNT Social law::LNTU Consumer protection law bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNC Company, commercial & competition law::LNCJ Contract law Offering a fresh perspective on ""nudging"", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law. 2023-11-16T13:49:03Z 2023-11-16T13:49:03Z 2020 book 9780367410322 9781003014652 9781032238920 https://library.oapen.org/handle/20.500.12657/85187 eng Markets and the Law application/pdf Attribution-NonCommercial-NoDerivatives 4.0 International 9781000028157.pdf Taylor & Francis Routledge 10.4324/9781003014652 10.4324/9781003014652 7b3c7b10-5b1e-40b3-860e-c6dd5197f0bb 9780367410322 9781003014652 9781032238920 Routledge 189 open access
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Offering a fresh perspective on ""nudging"", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy.
It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach.
The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.
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