Private Law, Nudging and Behavioural Economic Analysis The Mandated-Choice Model

• Main Author: Karampatzos, Antonios (auth)
• Format: Electronic Book Chapter
• Language: English
• Published: Taylor & Francis 2020
• Series: Markets and the Law
• Subjects: Jurisprudence & general issues; Consumer protection law; Contract law; BEAL;BEAL Approach;Behavioral economic analysis of law;behavioral economics;behavioral economic analysis;behavioral law;consumer behavior;consumer protection law;consumer protection provisions;cross-subsidization;Directive 85/374/EEC;de lege ferenda;EU legal paternalism;EU Private Law;European Union Private Law;economics;freedom of choice;Kant;liberal tradition;libertarian paternalism;Mill;mandated-choice model;nudge theory;opt-in system;opt-out system;Personal Autonomy;paternalism;paternalistic interference;personalizing private law;private law
• Online Access: DOAB: download the publication; DOAB: description of the publication

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.