Private Law, Nudging and Behavioural Economic Analysis
Private Law, Nudging and Behavioural Economic Analysis

Author: Antonios Karampatzos

Publisher: Routledge

Published: 2020-01-14

Total Pages: 176

ISBN-13: 1000028178

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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.

Routledge Handbook of Private Law and Sustainability
Routledge Handbook of Private Law and Sustainability

Author: Marta Santos Silva

Publisher: Taylor & Francis

Published: 2024-06-05

Total Pages: 693

ISBN-13: 1040037437

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The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

Behavioral Economics and Public Health
Behavioral Economics and Public Health

Author: Christina A. Roberto

Publisher: Oxford University Press, USA

Published: 2016

Total Pages: 385

ISBN-13: 019939833X

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Behavioral economics has potential to offer novel solutions to some of today's most pressing public health problems: How do we persuade people to eat healthy and lose weight? How can health professionals communicate health risks in a way that is heeded? How can food labeling be modified to inform healthy food choices? Behavioral Economics and Public Health is the first book to apply the groundbreaking insights of behavioral economics to the persisting problems of health behaviors and behavior change. In addition to providing a primer on the behavioral economics principles that are most relevant to public health, this book offers details on how these principles can be employed to mitigating the world's greatest health threats, including obesity, smoking, risky sexual behavior, and excessive drinking. With contributions from an international team of scholars from psychology, economics, marketing, public health, and medicine, this book is a trailblazing new approach to the most difficult and important problems of our time.

The Elgar Companion to UNIDROIT
The Elgar Companion to UNIDROIT

Author: Thomas John

Publisher: Edward Elgar Publishing

Published: 2024-04-12

Total Pages: 557

ISBN-13: 180392456X

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This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.

Behavioral Law and Economics
Behavioral Law and Economics

Author: Eyal Zamir

Publisher: Oxford University Press

Published: 2018

Total Pages: 641

ISBN-13: 0190901349

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In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

An Economic Analysis of Public Law
An Economic Analysis of Public Law

Author: George Dellis

Publisher: Edward Elgar Publishing

Published: 2021-03-26

Total Pages: 320

ISBN-13: 1800375794

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This original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.

Nudge Theory in Action
Nudge Theory in Action

Author: Sherzod Abdukadirov

Publisher: Springer

Published: 2016-09-28

Total Pages: 362

ISBN-13: 3319313193

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This collection challenges the popular but abstract concept of nudging, demonstrating the real-world application of behavioral economics in policy-making and technology. Groundbreaking and practical, it considers the existing political incentives and regulatory institutions that shape the environment in which behavioral policy-making occurs, as well as alternatives to government nudges already provided by the market. The contributions discuss the use of regulations and technology to help consumers overcome their behavioral biases and make better choices, considering the ethical questions of government and market nudges and the uncertainty inherent in designing effective nudges. Four case studies - on weight loss, energy efficiency, consumer finance, and health care - put the discussion of the efficiency of nudges into concrete, recognizable terms. A must-read for researchers studying the public policy applications of behavioral economics, this book will also appeal to practicing lawmakers and regulators.

Philosophy of Law, Theories, Examples and Human Rights
Philosophy of Law, Theories, Examples and Human Rights

Author: Charalampos Stamelos

Publisher: Ethics International Press

Published: 2024-08-13

Total Pages: 344

ISBN-13: 1804411868

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The book Philosophy of Law presents relevant theories, puts emphasis on the analysis of the branches of law and of basic human rights, and proposes the holistic analysis of law. In the first part the author analyses the main elements of each theory (natural law, legal positivism, legal realism, legal formalism, legal liberalism, economic analysis of law, critical legal studies). The main philosophers of law or supporters of each theory are discussed. In the second part of the book human rights and jurisprudence are analysed in the context of public law, criminal law (e.g., death penalty), private law and international law. The holistic analysis of law is proposed as a theory to address modern problems, such as poverty, climate change, the pandemic, and other global issues. The book is designed primarily for law students, teachers and supervisors.

Behavioural Public Policy
Behavioural Public Policy

Author: Adam Oliver

Publisher: Cambridge University Press

Published: 2013-10-24

Total Pages: 252

ISBN-13: 1107042631

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In this accessible collection, leading academic economists, psychologists and philosophers apply behavioural economic findings to practical policy concerns.

Consumer Law and Economics
Consumer Law and Economics

Author: Klaus Mathis

Publisher: Springer Nature

Published: 2020-08-31

Total Pages: 326

ISBN-13: 3030490289

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This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.