Nudging - possibilities, limitations and applications in European law and economics / Klaus Mathis, Avishalom Tor, editors.
2016
K487.E3 N83 2016 (Mapit)
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Title
Nudging - possibilities, limitations and applications in European law and economics / Klaus Mathis, Avishalom Tor, editors.
Added Meeting Name
Imprint
Switzerland : Springer, 2016.
Description
xviii, 382 pages : illustrations ; 24 cm.
Series
Economic analysis of law in European legal scholarship ; v. 3.
Formatted Contents Note
Part I: Foundations. 1. The Critical and Problematic Role of Bounded Rationality in Nudging / Avishalom Tor
2. Beneficial and Exploitative Nudges / Bruno S. Frey and Jana Gallus
3. The Crucial Importance of Interests in Libertarian Paternalism / Mark D. White
4. Condorcet's Jury Theorem as a Rational Justification of Soft Paternalistic Policies :A Philosophical Note / Malte Dold
5. To What Extent Should the State Protect Human Beings from Themselves? An Analysis from a Human Rights Perspective / Peter G. Kirchschläger
6. Nudging is Judging: The Inevitability of Value Judgments Consequences of the Collapse of the Fact/Value Dichotomy for Behavioural Law and Economics / Ariel David Steffen
Part II: Applications. 7. Nudging and the Principle of Proportionality: Obliged to Nudge? / Mark Schweizer
8. Nudging in Swiss Contract Law? An Analysis of Non-Mandatory Default Rules from a Legal, Economic and Behavioural Perspective / Klaus Mathis and Philipp Anton Burri
9. Designing Disclosures: Testing the Efficacy of Disclosure in Retail Investment Advice / Geneviève Helleringer
10. Neutral Third-Party Counselling as Nudge Toward Safer Financial Products? The Case of Risky Mortgage Loan Contracts / Piotr Tereszkiewicz
11. The Potential Use of Visual Packing Elements as Nudges: An Analysis on the Example of the EU Health Claims Regime / Kai Purnhagen, Erica van Herpen and Ellen van Kleef
12. Nudging
Information, Choice Architecture and Beyond: Theory and Applications in Financial Markets Law / Rainer Baisch
13. Nudging and Environmental Law: Perspectives and Examples / Felix Ekardt and Jutta Wieding
14. Nudging Governments? Behavioural Regulation in International Trade / Georgios Dimitropoulos
15. Nudging in Tax Law? Eyetracking Research on the Limits of Efficacy of Legal Definitions / Mariusz J. Golecki, Marcin Romanovicz and Jerzy W. Wojciechowski
16. Nudging as a Tool for Media Policy: Understanding and Fostering Exposure Diversity in the Age of Digital Media / Mira Burri
17. Academic Fraud at Hogwarts: Behavioural Law and Economics Lessons for Muggles of all Ages / Rute Saraiva
About the Authors
Index.
2. Beneficial and Exploitative Nudges / Bruno S. Frey and Jana Gallus
3. The Crucial Importance of Interests in Libertarian Paternalism / Mark D. White
4. Condorcet's Jury Theorem as a Rational Justification of Soft Paternalistic Policies :A Philosophical Note / Malte Dold
5. To What Extent Should the State Protect Human Beings from Themselves? An Analysis from a Human Rights Perspective / Peter G. Kirchschläger
6. Nudging is Judging: The Inevitability of Value Judgments Consequences of the Collapse of the Fact/Value Dichotomy for Behavioural Law and Economics / Ariel David Steffen
Part II: Applications. 7. Nudging and the Principle of Proportionality: Obliged to Nudge? / Mark Schweizer
8. Nudging in Swiss Contract Law? An Analysis of Non-Mandatory Default Rules from a Legal, Economic and Behavioural Perspective / Klaus Mathis and Philipp Anton Burri
9. Designing Disclosures: Testing the Efficacy of Disclosure in Retail Investment Advice / Geneviève Helleringer
10. Neutral Third-Party Counselling as Nudge Toward Safer Financial Products? The Case of Risky Mortgage Loan Contracts / Piotr Tereszkiewicz
11. The Potential Use of Visual Packing Elements as Nudges: An Analysis on the Example of the EU Health Claims Regime / Kai Purnhagen, Erica van Herpen and Ellen van Kleef
12. Nudging
Information, Choice Architecture and Beyond: Theory and Applications in Financial Markets Law / Rainer Baisch
13. Nudging and Environmental Law: Perspectives and Examples / Felix Ekardt and Jutta Wieding
14. Nudging Governments? Behavioural Regulation in International Trade / Georgios Dimitropoulos
15. Nudging in Tax Law? Eyetracking Research on the Limits of Efficacy of Legal Definitions / Mariusz J. Golecki, Marcin Romanovicz and Jerzy W. Wojciechowski
16. Nudging as a Tool for Media Policy: Understanding and Fostering Exposure Diversity in the Age of Digital Media / Mira Burri
17. Academic Fraud at Hogwarts: Behavioural Law and Economics Lessons for Muggles of all Ages / Rute Saraiva
About the Authors
Index.
Summary
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K487.E3 N83 2016
Language
English
ISBN
9783319295602
3319295608
3319295608
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