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Nudging - Possibilities, Limitations and Applications in European Law and Economics

Author : Klaus Mathis

Publisher : Springer

Page : 391 pages

File Size : 35,47 MB

Release : 2016-05-20

Category : Law

ISBN : 3319295624

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Book Description

This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.



Nudge and the Law

Author : Alberto Alemanno

Publisher : Bloomsbury Publishing

Page : 400 pages

File Size : 13,93 MB

Release : 2015-09-24

Category : Law

ISBN : 178225949X

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Book Description

Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.



Nudging Health

Author : I. Glenn Cohen

Publisher : JHU Press

Page : 393 pages

File Size : 39,5 MB

Release : 2016-12

Category : Business & Economics

ISBN : 1421421011

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Book Description

Zamzow, Richard J. Zeckhauser--Jon S. Vernick, Johns Hopkins Bloomberg School of Public Health, coeditor of Reducing Gun Violence in America: Informing Policy with Evidence and Analysis "Springer Journal"



Private Law, Nudging and Behavioural Economic Analysis

Author : Antonis Karampatzos

Publisher : Routledge

Page : 0 pages

File Size : 22,68 MB

Release : 2020

Category : Law

ISBN : 9781003014652

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Book Description

"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 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"--



Nudge and the Law

Author : Alberto Alemanno

Publisher : Bloomsbury Publishing

Page : 459 pages

File Size : 12,78 MB

Release : 2015-09-24

Category : Law

ISBN : 1782259481

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Book Description

Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.



Why Nudge?

Author : Cass R. Sunstein

Publisher : Yale University Press

Page : 208 pages

File Size : 14,11 MB

Release : 2014-03-25

Category : Political Science

ISBN : 0300197861

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Book Description

The best-selling author of Simpler offers an argument for protecting people from their own mistakes.



Investment Treaties and the Legal Imagination

Author : Nicolás M. Perrone

Publisher : Oxford University Press, USA

Page : 273 pages

File Size : 46,25 MB

Release : 2021-02-11

Category : Law

ISBN : 0198862148

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Book Description

This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.



The Ethics of Influence

Author : Cass R. Sunstein

Publisher : Cambridge University Press

Page : 237 pages

File Size : 49,43 MB

Release : 2016-08-24

Category : Business & Economics

ISBN : 1107140706

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Book Description

In The Ethics of Influence, Cass R. Sunstein investigates the ethical issues surrounding government nudges, choice architecture, and mandates.



Preference Change

Author : Till Grüne-Yanoff

Publisher : Springer Science & Business Media

Page : 273 pages

File Size : 14,8 MB

Release : 2009-06-11

Category : Philosophy

ISBN : 9048125936

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Book Description

Changing preferencesis a phenomenonoften invoked but rarely properlyaccounted for. Throughout the history of the social sciences, researchers have come against the possibility that their subjects’ preferenceswere affected by the phenomenato be explainedor by otherfactorsnot taken into accountin the explanation.Sporadically, attempts have been made to systematically investigate these in uences, but none of these seems to have had a lasting impact. Today we are still not much further with respect to preference change than we were at the middle of the last century. This anthology hopes to provide a new impulse for research into this important subject. In particular, we have chosen two routes to amplify this impulse. First, we stress the use of modellingtechniquesfamiliar from economicsand decision theory. Instead of constructing complex, all-encompassing theories of preference change, the authors of this volume start with very simple, formal accounts of some possible and hopefully plausible mechanism of preference change. Eventually, these models may nd their way into larger, empirically adequate theories, but at this stage, we think that the most importantwork lies in building structure.Secondly,we stress the importance of interdisciplinary exchange. Only by drawing together experts from different elds can the complex empirical and theoretical issues in the modelling of preference change be adequately investigated.



Intervention in Civil Wars

Author : Chiara Redaelli

Publisher : Bloomsbury Publishing

Page : 340 pages

File Size : 35,30 MB

Release : 2021-02-25

Category : Law

ISBN : 1509940553

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Book Description

This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.