Nudging - possibilities, limitations and applications in European law and economics / Klaus Mathis, Avishalom Tor, editors.
2016
K487.E3 N83 2016 (Map It)
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Details
Title
Nudging - possibilities, limitations and applications in European law and economics / Klaus Mathis, Avishalom Tor, editors.
Published
Switzerland : Springer, [2016]
Copyright
©2016
Call Number
K487.E3 N83 2016
ISBN
9783319295602
3319295608
3319295608
Description
xviii, 382 pages : illustrations ; 24 cm.
System Control No.
(OCoLC)933719390
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.
Note
"This anthology .... is the result of the 4th Law and Economics Conference held at the University of Lucerne on 17th to 17th of April 2015."--Page ix.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
pt. I
Foundations
1.
Critical and Problematic Role of Bounded Rationality in Nudging / Avishalom Tor
3
2.
Beneficial and Exploitative Nudges / Jana Gallus
11
3.
Crucial Importance of Interests in Libertarian Paternalism / Mark D. White
21
4.
Condorcet's Jury Theorem as a Rational Justification of Soft Paternalistic Consumer Policies / Malte Frederic Dold
39
5.
To What Extent Should the State Protect Human Beings from Themselves? / Peter G. Kirchschlaeger
59
6.
Nudging Is Judging: The Inevitability of Value Judgments / Ariel David Steffen
69
pt. II
Applications
7.
Nudging and the Principle of Proportionality / Mark Schweizer
93
8.
Nudging in Swiss Contract Law? / Philipp Anton Burri
121
9.
Designing Disclosures / Genevieve Helleringer
153
10.
Neutral Third-Party Counselling as Nudge Toward Safer Financial Products? / Piotr Tereszkiewicz
169
11.
Potential Use of Visual Packaging Elements as Nudges / Ellen van Kleef
197
12.
Nudging: Information, Choice Architecture and Beyond / Rainer Baisch
217
13.
Nudging and Environmental Law / Jutta Wieding
247
14.
Behavioural Regulation in International Trade / Georgios Dimitropoulos
263
15.
Nudging in Tax Law? / Jerzy W. Wojciechowski
289
16.
Nudging as a Tool of Media Policy / Mira Burri
315
17.
Academic Fraud at Hogwarts / Rute Saraiva
343
About the Authors
375
Index
379