Juxtaposing autonomy and paternalism in private law / edited by Anthony Ogus and Willem H. van Boom.
2011
K1005 .J89 2011 (Mapit)
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Details
Title
Juxtaposing autonomy and paternalism in private law / edited by Anthony Ogus and Willem H. van Boom.
Added Author
Imprint
Oxford ; Portland, Or. : Hart Pub., 2011.
Description
v, 243 pages ; 24 cm
Formatted Contents Note
Introducing, defining and balancing 'autonomy versus paternalism' / Willem H van Boom and Anthony Ogus
Mandatory contract law : functions and principles in light of the proposal for a directive on consumer rights / Gerhard Wagner
Role of information deficiencies in contract enforcement / Ann-Sofie Vandenberghe
Consumer bankruptcy : a third way between autonomy and paternalism in privacy law / Nick Huls
Regulating consumer demand in insurance markets / Daniel Schwacz
Contracts and capabilities : an evolutionary perspective on the autonomy-paternalism debate / Simon Deakin
Autonomy and paternalism from a common law perspective : setting aside disadvantageous transactions / Stephen Waddams
Informing consumers about themselves / Oren Bar-Gill and Franco Ferrari
Forms of imposed protection in legal history, especially in Roman Law / Laurens Winkel.
Mandatory contract law : functions and principles in light of the proposal for a directive on consumer rights / Gerhard Wagner
Role of information deficiencies in contract enforcement / Ann-Sofie Vandenberghe
Consumer bankruptcy : a third way between autonomy and paternalism in privacy law / Nick Huls
Regulating consumer demand in insurance markets / Daniel Schwacz
Contracts and capabilities : an evolutionary perspective on the autonomy-paternalism debate / Simon Deakin
Autonomy and paternalism from a common law perspective : setting aside disadvantageous transactions / Stephen Waddams
Informing consumers about themselves / Oren Bar-Gill and Franco Ferrari
Forms of imposed protection in legal history, especially in Roman Law / Laurens Winkel.
Summary
"Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values. This collection deals with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces. Concepts are defined and analysed, in particular the distinction between the coercive approach of 'hard paternalism' in the law, and the 'nudge' approach of 'soft paternalism'. Attention is then focused on how the tensions between the concepts are resolved in the law of contract, where deficient information and mistakes can justify an interventionist approach. Besides overviews of the issues within the general law of contract, and historical studies of the relevant principles in the common law and Roman law, the book also includes studies of specific areas, notably insurance contracts and consumer bankruptcy. The authors, from North America, the United Kingdom and continental Europe, include economists, sociologists and traditional legal scholars"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K1005 .J89 2011
Language
English
ISBN
9781849461184 paperback
184946118X paperback
184946118X paperback
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