European Perspectives On Behavioural Law And Economics

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European Perspectives on Behavioural Law and Economics

Author : Klaus Mathis
Publisher : Springer
Page : 271 pages
File Size : 44,6 Mb
Release : 2015-02-09
Category : Law
ISBN : 9783319116358

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European Perspectives on Behavioural Law and Economics by Klaus Mathis Pdf

This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost (“expected utility theory”). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) unbounded willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics.

Nudging - Possibilities, Limitations and Applications in European Law and Economics

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer
Page : 382 pages
File Size : 54,7 Mb
Release : 2016-05-20
Category : Law
ISBN : 9783319295626

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Nudging - Possibilities, Limitations and Applications in European Law and Economics by Klaus Mathis,Avishalom Tor Pdf

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.

Nudge and the Law

Author : Alberto Alemanno,Anne-Lise Sibony
Publisher : Bloomsbury Publishing
Page : 459 pages
File Size : 55,6 Mb
Release : 2015-09-24
Category : Law
ISBN : 9781782259480

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Nudge and the Law by Alberto Alemanno,Anne-Lise Sibony Pdf

Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.

Law and Economics in Europe

Author : Klaus Mathis
Publisher : Springer Science & Business Media
Page : 396 pages
File Size : 53,7 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789400771109

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Law and Economics in Europe by Klaus Mathis Pdf

This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.

Law and Economics of Regulation

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer Nature
Page : 327 pages
File Size : 51,9 Mb
Release : 2021-04-24
Category : Law
ISBN : 9783030705305

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Law and Economics of Regulation by Klaus Mathis,Avishalom Tor Pdf

This book explores current issues regarding the regulation of various economic sectors, theoretically and empirically, discussing both neoclassical and behavioural economics approaches to regulation. Regulation has become one of the main determinants of modern economies, and virtually every sector is subject to general laws and regulations as well as specific rules and standards. A traditional argument to justify regulatory interventions is the promotion of public interests. Fixing markets that lack competition, balancing information asymmetries, internalising externalities, mitigating systemic risks, and protecting consumers from irrational behaviour are frequently invoked to complement the invisible hand of the market with the visible hand of the state.However, regulations can lead to unintended consequences, and serve the interests of powerful private interest groups rather than the public interest and social welfare. In addition, new insights from behavioural economics question the traditional regulatory approaches, most prominently in attitudes towards consumers. Furthermore, digitalisation and technological innovation in general present new challenges in terms of both the type of regulation and the regulatory process.Part I of this book discusses various theoretical approaches to the economic analysis of regulations, while Part II looks at specific applications of the law and economics of regulation.

Environmental Law and Economics

Author : Klaus Mathis,Bruce R. Huber
Publisher : Springer
Page : 534 pages
File Size : 45,6 Mb
Release : 2017-04-07
Category : Law
ISBN : 9783319509327

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Environmental Law and Economics by Klaus Mathis,Bruce R. Huber Pdf

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

Behavioral Law and Economics

Author : Eyal Zamir,Doron Teichman
Publisher : Oxford University Press
Page : 641 pages
File Size : 53,6 Mb
Release : 2018
Category : Economics
ISBN : 9780190901349

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Behavioral Law and Economics by Eyal Zamir,Doron Teichman Pdf

Economic analysis of law: an overview -- Behavioral studies -- An overview of behavioral law and economics -- Normative implications -- Behavioral insights and basic features of the law -- Property law -- Contract law -- Consumer contracts -- Tort law -- Commercial law -- Administrative, constitutional, and international law -- Criminal law and enforcement -- Tax law and redistribution -- Litigants' behavior -- Judicial decision-making -- Evidence law

Private Law, Nudging and Behavioural Economic Analysis

Author : Antonios Karampatzos
Publisher : Routledge
Page : 176 pages
File Size : 45,7 Mb
Release : 2020-01-14
Category : Law
ISBN : 9781000028171

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Private Law, Nudging and Behavioural Economic Analysis by Antonios Karampatzos Pdf

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 mainly 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.

New Developments in Competition Law and Economics

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer
Page : 358 pages
File Size : 55,5 Mb
Release : 2019-03-18
Category : Law
ISBN : 9783030116118

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New Developments in Competition Law and Economics by Klaus Mathis,Avishalom Tor Pdf

This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.

The Oxford Handbook of Behavioral Economics and the Law

Author : Eyal Zamir,Doron Teichman
Publisher : Oxford Handbooks
Page : 841 pages
File Size : 48,7 Mb
Release : 2014
Category : Business & Economics
ISBN : 9780199945474

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The Oxford Handbook of Behavioral Economics and the Law by Eyal Zamir,Doron Teichman Pdf

'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.

Energy Law and Economics

Author : Klaus Mathis,Bruce R. Huber
Publisher : Springer
Page : 367 pages
File Size : 47,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9783319746364

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Energy Law and Economics by Klaus Mathis,Bruce R. Huber Pdf

This book offers an edited volume for all readers who wish to gain an in-depth grasp of the economic analysis of recent developments in energy law and policy in Europe and the United States. In response to waning resources and heightened environmental awareness, many countries are now seeking to redefine their energy mix. Several energy sources are available: coal and oil, natural gas, and a variety of renewables. Yet which of them are capable of addressing core energy-related concerns? Reliability, security, affordability, fairness, and sustainability all have to be taken into account. Further, once a target mix has been identified, two challenges remain for legal scholars: what role does the law play in achieving a specified energy mix, and, how can the law best fulfill that role? The essential energy concerns are just as important in defining the way we shape our energy mix as they are in defining the mix itself. An example of current challenges in energy law and policy can be seen in the pursuit by the German and Swiss governments of the so-called “Energiewende” (energy transition). These policies are intended to enable the transition from a non-sustainable use of fossil and nuclear energy to a more sustainable approach based on renewable energies. On the one hand, the goal is to achieve a decarbonization of the energy economy by reducing the use of fossil energy sources such as petroleum, carbon and natural gas. On the other, and in response to the Fukushima nuclear accident, a phase out is intended to eliminate the dangers of nuclear technologies. Achieving these goals poses tremendous challenges for the two countries’ energy policies – partly because the energy transition will not only affect energy production, but also energy consumption. From a Law and Economics perspective, a number of questions arise: to what extent is it justifiable to rely on markets and continued technological innovation, especially with regard to the present exploitation of scarce resources? To what extent is it necessary for states to intervene in energy markets? Regulatory instruments are available to create and maintain more sustainable societies: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, and more. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur the sustainable consumption and production of energy in order to protect the environment while mitigating any potential negative impacts on economic development? Do neoclassical and behavioural economics provide us with a suitable framework for predicting the market’s complex reactions to a changing energy policy? This book provides theoretical insights as well as empirical findings in order to answer these vital questions.

From Economic to Legal Competition

Author : Alain Marciano,Jean-Michel Josselin
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 46,6 Mb
Release : 2003
Category : Business & Economics
ISBN : UOM:39015057572920

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From Economic to Legal Competition by Alain Marciano,Jean-Michel Josselin Pdf

The idea of legal competition as a decentralized market process of law provision in which legal clubs compete, has earned an indisputable legitimacy among economists. This book presents a debate concerning the merits of and conditions for a competitive provision of law, with a special focus on institutions in Europe. The authors analyse three major aspects of the competitive provision of legal rules. First, the conditions under which citizens and firms arbitrate between the different legal orders are investigated. The book then goes on to analyse the supply aspect of the legal market and the consequences of the competitive pressures on the behaviour of the lawmakers. Finally, the conditions under which the State may efficiently control the process of law provision are discussed and justifications to its intervention are presented. A comprehensive study encompassing both private and public law, and applied and theoretical issues, this book will provide lively discussion and up-to-date research for students of law and economics, and an authoritative source of information for practitioners in the field of legal competition - in particular those specializing in European issues.

Theories of Choice

Author : Stefan Grundmann,Philipp Hacker
Publisher : Oxford University Press, USA
Page : 353 pages
File Size : 43,6 Mb
Release : 2021
Category : Business & Economics
ISBN : 9780198863175

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Theories of Choice by Stefan Grundmann,Philipp Hacker Pdf

This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.

Law and Economics in Europe and the U.S.

Author : Alain Marciano,Giovanni Battista Ramello
Publisher : Springer
Page : 227 pages
File Size : 53,6 Mb
Release : 2016-11-30
Category : Law
ISBN : 9783319474717

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Law and Economics in Europe and the U.S. by Alain Marciano,Giovanni Battista Ramello Pdf

This volume traces the evolution of the field of law and economics from its European roots to its neoclassical “Chicagoan” period to its current identity as a more fluid, transatlantic discipline. Paying special attention to the work of German economist Juergen Backhaus, who was instrumental in the reintroduction of the European perspective to the field, this book analyzes this gradual shift in the law and economics debate and provides a state-of-the-art of the literature currently being produced by the field’s most active scholars. Beginning with a discussion of the history of the field and Backhaus’ role in its development, the volume provides a survey of issues central to the current debate such as legal processes in both Europe and the U.S., constitutional political economy, regulatory law, and the ongoing evolution of the European Union. The importance of this volume is two-fold, as it firmly grounds the discipline in history while establishing a future research agenda. This book will be of use to researchers studying law and economics as well as those interested in institutional analysis.

Theoretical Foundations of Law and Economics

Author : Mark D. White
Publisher : Cambridge University Press
Page : 303 pages
File Size : 40,9 Mb
Release : 2009
Category : Business & Economics
ISBN : 9780521889551

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Theoretical Foundations of Law and Economics by Mark D. White Pdf

A book-length examination of the methodology and philosophy of law and economics.