Editors:
- Provides a systematic survey of the development of the instrument of "nudging" in Europe Fosters the dialogue between European and American Law and Economics scholars
- Deals with the opportunities and problems faced by European law traditions in applying this instrument to specific legal fields
- Contains theoretical analyses together with practical examples?
Part of the book series: Economic Analysis of Law in European Legal Scholarship (EALELS, volume 3)
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Table of contents (17 chapters)
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Front Matter
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Foundations
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Front Matter
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Applications
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Front Matter
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About this book
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 betweenpaternalism, 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.
Keywords
- Academic Fraud at Hogwarts
- Beneficial and Exploitative Nudges
- Condorcet’s Jury Theorem
- Cost-Benefit Analysis
- Nudge Approach to Consumer Credit Transactions
- Nudge and the Law
- Nudging Governments
- Nudging as a Tool for Media Policy
- Nudging in Financial Markets Law
- Nudging in Tax Law
- Nudging is Judging
- Nudging – American and European Perspectives
- Obliged to Nudge
- Protecting Human Beings from Themselves
- Rational Justification of Soft Paternalistic Policies
- Rationality through Law
- Why Nudge
Editors and Affiliations
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Faculty of Law, University of Lucerne, Lucerne, Switzerland
Klaus Mathis
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Notre Dame Law School, University of Notre Dame, Notre Dame, USA
Avishalom Tor
Bibliographic Information
Book Title: Nudging - Possibilities, Limitations and Applications in European Law and Economics
Editors: Klaus Mathis, Avishalom Tor
Series Title: Economic Analysis of Law in European Legal Scholarship
DOI: https://doi.org/10.1007/978-3-319-29562-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-29560-2Published: 30 May 2016
Softcover ISBN: 978-3-319-80600-6Published: 30 May 2018
eBook ISBN: 978-3-319-29562-6Published: 20 May 2016
Series ISSN: 2512-1294
Series E-ISSN: 2512-1308
Edition Number: 1
Number of Pages: XVIII, 382
Number of Illustrations: 13 b/w illustrations
Topics: Fundamentals of Law, Law and Economics, Law and Psychology, Civil Law