Nudging Possibilities Limitations And Applications In European Law And Economics

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

Klaus Mathis,Avishalom Tor
Nudging Possibilities Limitations and Applications in European Law and Economics Book PDF

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer
Page : 382 pages
File Size : 50,6 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.

Regulating and Managing Food Safety in the EU

Harry Bremmers,Kai Purnhagen
Regulating and Managing Food Safety in the EU Book PDF

Author : Harry Bremmers,Kai Purnhagen
Publisher : Springer
Page : 380 pages
File Size : 49,7 Mb
Release : 2018-08-01
Category : Law
ISBN : 9783319770451

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Regulating and Managing Food Safety in the EU by Harry Bremmers,Kai Purnhagen Pdf

This book analyses EU food law from a regulatory, economic and managerial perspective. It presents an economic assessment of strategies of food safety regulation, and discusses the different regulatory regimes in EU food law. It examines the challenges of food safety in the internal market as well as the regulatory tools that are available. The book’s generic theorising and measurement of regulatory effects is supplemented by detailed analysis of key topics in food markets, such as health claims, enforcement strategies, and induced risk management at the level of the organizations producing food. The regulatory effects discussed in the book range from classical regulatory analysis covering e.g. effects of ex-ante versus ex-post regulation and content-related versus information-related regulation to new regulatory options such as behavioral regulation. The book takes as its premise the idea that economic considerations are basic to the design and functioning of the European food supply arena, and that economic effects consolidate or induce modification of the present legal structures and principles. The assessments, analyses and examination of the various issues presented in the book serve to answer the question of how economic theory and practice can explain and enhance the shaping and modification of the regulatory framework that fosters safe and sustainable food supply chains. ​ ​

Law and Economics of the Digital Transformation

Klaus Mathis,Avishalom Tor
Law and Economics of the Digital Transformation Book PDF

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer Nature
Page : 456 pages
File Size : 54,7 Mb
Release : 2023-07-04
Category : Law
ISBN : 9783031250590

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Law and Economics of the Digital Transformation by Klaus Mathis,Avishalom Tor Pdf

This book pursues the questions from a broad range of law and economics perspectives. Digital transformation leads to economic and social change, bringing with it both opportunities and risks. This raises questions of the extent to which existent legal frameworks are still sufficient and whether there is a need for new or additional regulation in the affected areas: new demands are made on the law and jurisprudence.

General Reports of the XXth General Congress of the International Academy of Comparative Law - Rapports généraux du XXème Congrès général de l'Académie internationale de droit comparé

Katharina Boele-Woelki,Diego P. Fernández Arroyo,Alexandre Senegacnik
General Reports of the XXth General Congress of the International Academy of Comparative Law Rapports g n raux du XX me Congr s g n ral de l Acad mie internationale de droit compar Book PDF

Author : Katharina Boele-Woelki,Diego P. Fernández Arroyo,Alexandre Senegacnik
Publisher : Springer Nature
Page : 710 pages
File Size : 43,7 Mb
Release : 2020-12-17
Category : Law
ISBN : 9783030486754

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General Reports of the XXth General Congress of the International Academy of Comparative Law - Rapports généraux du XXème Congrès général de l'Académie internationale de droit comparé by Katharina Boele-Woelki,Diego P. Fernández Arroyo,Alexandre Senegacnik Pdf

This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgré les barrières juridictionnelles, culturelles et politiques ainsi que des divergences dues à ces barrières. Écrits par d'éminents universitaires de tous les continents, ses 26 chapitres présentent une analyse comparative de sujets juridiques majeurs du 21e siècle. Dans un monde technologiquement avancé, bien que chaque pays analysé dans cet ouvrage demeure autonome en tant qu'État souverain, l’ensemble des systèmes disparates présente néanmoins des stratégies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la résolution des différends étatiques, la panoplie croissante de différents types d'instruments non étatiques et de résolution non étatique des différends devient de plus en plus centrale dans la sphère juridique. Cet ouvrage est un ajout essentiel à la bibliothèque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traités d'un point de vue comparatif et représente l'état actuel du droit dans chaque domaine.

Private Law, Nudging and Behavioural Economic Analysis

Antonios Karampatzos
Private Law Nudging and Behavioural Economic Analysis Book PDF

Author : Antonios Karampatzos
Publisher : Routledge
Page : 176 pages
File Size : 42,9 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.

Energy Law and Economics

Klaus Mathis,Bruce R. Huber
Energy Law and Economics Book PDF

Author : Klaus Mathis,Bruce R. Huber
Publisher : Springer
Page : 367 pages
File Size : 47,9 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.

Behavioral Law and Economics

Eyal Zamir,Doron Teichman
Behavioral Law and Economics Book PDF

Author : Eyal Zamir,Doron Teichman
Publisher : Oxford University Press
Page : 352 pages
File Size : 53,5 Mb
Release : 2018-06-05
Category : Law
ISBN : 9780190901363

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Behavioral Law and Economics by Eyal Zamir,Doron Teichman Pdf

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

Legal Tech, Smart Contracts and Blockchain

Marcelo Corrales,Mark Fenwick,Helena Haapio
Legal Tech Smart Contracts and Blockchain Book PDF

Author : Marcelo Corrales,Mark Fenwick,Helena Haapio
Publisher : Springer
Page : 276 pages
File Size : 49,7 Mb
Release : 2019-02-07
Category : Law
ISBN : 9789811360862

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Legal Tech, Smart Contracts and Blockchain by Marcelo Corrales,Mark Fenwick,Helena Haapio Pdf

There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.

Cognition of the Law

Luigi Cominelli
Cognition of the Law Book PDF

Author : Luigi Cominelli
Publisher : Springer
Page : 198 pages
File Size : 53,8 Mb
Release : 2018-07-04
Category : Law
ISBN : 9783319893488

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Cognition of the Law by Luigi Cominelli Pdf

This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view. The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions.

Consumer Law and Economics

Klaus Mathis,Avishalom Tor
Consumer Law and Economics Book PDF

Author : Klaus Mathis,Avishalom Tor
Publisher : Springer Nature
Page : 326 pages
File Size : 41,9 Mb
Release : 2020-08-31
Category : Law
ISBN : 9783030490287

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Consumer Law and Economics by Klaus Mathis,Avishalom Tor Pdf

This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.

Information Obligations and Disinformation of Consumers

Gert Straetmans
Information Obligations and Disinformation of Consumers Book PDF

Author : Gert Straetmans
Publisher : Springer Nature
Page : 565 pages
File Size : 54,9 Mb
Release : 2019-09-05
Category : Law
ISBN : 9783030180546

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Information Obligations and Disinformation of Consumers by Gert Straetmans Pdf

This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.

Environmental Law and Economics

Klaus Mathis,Bruce R. Huber
Environmental Law and Economics Book PDF

Author : Klaus Mathis,Bruce R. Huber
Publisher : Springer
Page : 534 pages
File Size : 54,5 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.

Conceptions and Misconceptions of Legislation

A. Daniel Oliver-Lalana
Conceptions and Misconceptions of Legislation Book PDF

Author : A. Daniel Oliver-Lalana
Publisher : Springer
Page : 335 pages
File Size : 48,8 Mb
Release : 2019-06-14
Category : Law
ISBN : 9783030120689

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Conceptions and Misconceptions of Legislation by A. Daniel Oliver-Lalana Pdf

This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.

Sustainability Labels in the Shadow of the Law

Eva van der Zee
Sustainability Labels in the Shadow of the Law Book PDF

Author : Eva van der Zee
Publisher : Springer Nature
Page : 130 pages
File Size : 55,8 Mb
Release : 2022-04-28
Category : Law
ISBN : 9783030958022

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Sustainability Labels in the Shadow of the Law by Eva van der Zee Pdf

This book describes and examines three EU legal frameworks (EU competition law, EU consumer law, and EU fundamental rights law) that may affect the extent to which consumers purchase more sustainably. In doing so, this book goes beyond a rationalist understanding of the interpretation and application of EU law. Rational approaches have severely impacted the interpretation and application of EU law. Practice shows, however, that the implications of using a noncritical application of rationalist approaches in the interpretation and application of EU competition law, EU consumer law, and EU fundamental rights law to sustainability labels may have an inhibiting effect on sustainable consumption. The book offers remedies to overcome this inhibitive effect by critically applying insights from cognitive science and behavioral economics in the legal interpretation and application of EU law.

Economics in Legal Reasoning

Péter Cserne,Fabrizio Esposito
Economics in Legal Reasoning Book PDF

Author : Péter Cserne,Fabrizio Esposito
Publisher : Springer Nature
Page : 157 pages
File Size : 55,6 Mb
Release : 2020-06-30
Category : Law
ISBN : 9783030401689

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Economics in Legal Reasoning by Péter Cserne,Fabrizio Esposito Pdf

This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.