9781003014652 (ebook) 9781000028171 (electronic book : EPUB) 1000028178 (electronic book : EPUB) 9781000028157 (electronic book : PDF) 1000028151 (electronic book : PDF) 9781000028164 (electronic book : Mobipocket) 100002816X (electronic book : Mobipocket) 9780367410322 (hardback) 1003014658
Markets and the 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 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"-- Provided by publisher.
Formatted Contents Note
Behavioral economic analysis of law (or behavioral law and economics) and paternalistic interference Sunstein and Thaler's nudge theory, the steering of people's behavior by means of default or opt-out rules, and the promotion of a 'mild or 'libertarian' Beyond defaults, opt-out or opt-in systems : The recourse to the visible The withdrawal right pursuant to Directive 2011/83/EU and the application of the mandated-choice model The clause "as is where is" in a sales contract and the application of the mandated-choice model Strict product liability and mandated-choice model : Why are they incompatible? Final Remarks : The philosophical foundations of freedom of choice and personal autonomy and the specific affiliation of the mandated-choice model to them.
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OCLC-licensed vendor bibliographic record.