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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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

Edited by: Klaus Mathis, Avishalom Tor

ISBN13: 9783319295602
Published: April 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £104.50

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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 an instrument aimed at altering people's behaviour in a predictable way without forbidding any option or significantly changing economic incentives can and should be used to help people make better decisions to influence human behaviour without forcing them because they can opt out, making it a kind of soft, or so-called Libertarian Paternalism. 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 de-biasing, 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.

EU Law, Law and Economics
Part I: Foundations.
1.The Critical and Problematic Role of Bounded Rationality in Nudging
Avishalom Tor.
2.Beneficial and Exploitative Nudges
Bruno S. Frey and Jana Gallus.
3.The Crucial Importance of Interests in Libertarian Paternalism
Mark D. White.
4.Condorcet's Jury Theorem as a Rational Justification of Soft Paternalistic Policies:A Philosophical Note
Malte Dold.
5. To What Extent Should the State Protect Human Beings from Themselves? An Analysis from a Human Rights Perspective
Peter G. Kirchschlager.
6. Nudging is Judging: The Inevitability of Value Judgments Consequences of the Collapse of the Fact/Value Dichotomy for Behavioural Law and Economics
Ariel David Steffen.

Part II: Applications.
7. Nudging and the Principle of Proportionality: Obliged to Nudge?
Mark Schweizer.
8. Nudging in Swiss Contract Law? An Analysis of Non-Mandatory Default Rules from a Legal, Economic and Behavioural Perspective
Klaus Mathis and Philipp Anton Burri.
9. Designing Disclosures: Testing the Efficacy of Disclosure in Retail Investment Advice
Genevieve Helleringer.
10. Neutral Third-Party Counselling as Nudge Toward Safer Financial Products? The Case of Risky Mortgage Loan Contracts
Piotr Tereszkiewicz.
11. The Potential Use of Visual Packing Elements as Nudges: An Analysis on the Example of the EU Health Claims Regime
Kai Purnhagen, Erica van Herpen and Ellen van Kleef.
12. Nudging
Information, Choice Architecture and Beyond: Theory and Applications in Financial Markets Law
Rainer Baisch.
13. Nudging and Environmental Law: Perspectives and Examples
Felix Ekardt and Jutta Wieding.
14. Nudging Governments? Behavioural Regulation in International Trade
Georgios Dimitropoulos.
15. Nudging in Tax Law? Eyetracking Research on the Limits of Efficacy of Legal Definitions
Mariusz J. Golecki, Marcin Romanovicz and Jerzy W. Wojciechowski.
16. Nudging as a Tool for Media Policy: Understanding and Fostering Exposure Diversity in the Age of Digital Media
Mira Burri.
17. Academic Fraud at Hogwarts: Behavioural Law and Economics Lessons for Muggles of all Ages
Rute Saraiva.

About the Authors.