Includes bibliographical references and index. "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.
Contents:
Academic fraud at Hogwarts / Rute Saraiva. Beneficial and exploitative nudges / Bruno S. Frey and Jana Gallus -- The crucial importance of interests in libertarian paternalism / Mark D. White -- Condorcet's jury theorem as a rational justification of soft paternalistic policies / Malte Dold -- To what extent should the state protect human beings from themselves? / Peter G. Kirchschläger -- Nudging is judging : the inevitability of value judgments / Ariel David Steffen -- Nudging and the principle of proportionality / Mark Schweizer -- Nudging in Swiss contract law? / Klaus Mathis and Philipp Anton Burri -- Designing disclosures / Geneviève Helleringer -- Neutral third-party counselling as nudge toward safer financial products? / Piotr Tereszkiewicz -- The potential use of visual packing elements as nudges / Kai Purnhagen, Erica van Herpen and Ellen van Kleef -- Nudging : information, choice architecture and beyond / Rainer Baisch -- Nudging and environmental law : perspectives and examples / Felix Ekardt and Jutta Wieding -- Behavioural regulation in international trade / Georgios Dimitropoulos -- Nudging in tax law? / Mariusz J. Golecki, Marcin Romanovicz and Jerzy W. Wojciechowski -- Nudging as a tool for media policy / Mira Burri -- Academic fraud at Hogwarts / Rute Saraiva.
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.
Series:
Economic analysis of law in European legal scholarship ; 3
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.