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Wildy’s Book News

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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Freedom of Contract and Paternalism: Prospects and Limits of an Economic Approach


ISBN13: 9780230340299
Published: December 2012
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: £72.00



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A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.

"Freedom of Contract and Paternalism is an 'interference with individual autonomy that aims at protecting or promoting the interests of the individual.' Does it represent a case of soft paternalism? You do not have to read it but is in your interest to read it. It is a very important book." - Manfred J. Holler, professor, University of Hamburg

Freedom of Contract and Paternalism combines insights from philosophy, economics and behavioral economics and applies them to resolve some of the most controversial questions in contract law, consumers' law, regulation and other fields of law and policy. It is an important contribution illustrating the power of the interdisciplinary methodology.

It will be of great importance to philosophers, lawyers and policy-makers interested in regulation, its limitations and its impact on autonomy and welfare." - Alon Harel, Phillip P. Mizock and Estelle Mizock Chair in Administrative and Criminal Law, Hebrew University

Subjects:
Contract Law, Jurisprudence
Contents:
Preface 1. Introduction: Motives and Methods 2. Paternalism in Philosophy: Conceptions and Justifications 3. Paternalism in Economics: Redefinitions and the Behavioral Turn 4. Paternalism in Practice: Public Policy and Legal Design 5. Paternalism in Contract Law: Rationalization and Critique 6. Conclusion: Old and New in 'New Paternalism' Bibliography Notes Index