Private law, nudging and behavioural economic analysis : the mandated-choice model /

"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 reali...

Full description

Saved in:
Bibliographic Details
Main Author: Karampatzos, Antonis (Author)
Format: Electronic eBook
Language:English
Published: Abingdon, Oxon ; New York, NY : Routledge, 2020.
Series:Markets and the law.
Subjects:
Online Access:EBSCOhost
Tags: Add Tag
No Tags, Be the first to tag this record!
Table of Contents:
  • Behavioral economic analysis of law (or behavioral law and economics) and paternalistic interference
  • Sunstein and Thaler's nudge theory, the steering of people's behavior by means of default or opt-out rules, and the promotion of a 'mild or 'libertarian'
  • Beyond defaults, opt-out or opt-in systems : The recourse to the visible
  • The withdrawal right pursuant to Directive 2011/83/EU and the application of the mandated-choice model
  • The clause "as is where is" in a sales contract and the application of the mandated-choice model
  • Strict product liability and mandated-choice model : Why are they incompatible?
  • Final Remarks : The philosophical foundations of freedom of choice and personal autonomy and the specific affiliation of the mandated-choice model to them.