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

  • Klaus Mathis
  • Avishalom Tor

Part of the Economic Analysis of Law in European Legal Scholarship book series (EALELS, volume 3)

Table of contents

  1. Front Matter
    Pages i-xviii
  2. Foundations

  3. Applications

    1. Front Matter
      Pages 91-91
    2. Mark Schweizer
      Pages 93-119
    3. Klaus Mathis, Philipp Anton Burri
      Pages 121-151
    4. Geneviève Helleringer
      Pages 153-167
    5. Kai Purnhagen, Erica van Herpen, Ellen van Kleef
      Pages 197-216
    6. Felix Ekardt, Jutta Wieding
      Pages 247-262
    7. Georgios Dimitropoulos
      Pages 263-287
    8. Mariusz J. Golecki, Marcin Romanowicz, Jerzy W. Wojciechowski
      Pages 289-313
    9. Mira Burri
      Pages 315-341
    10. Rute Saraiva
      Pages 343-374

About this book

Introduction

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.

Keywords

Academic Fraud at Hogwarts Beneficial and Exploitative Nudges Condorcet’s Jury Theorem Cost-Benefit Analysis Nudge Approach to Consumer Credit Transactions Nudge and the Law Nudging Governments Nudging as a Tool for Media Policy Nudging in Financial Markets Law Nudging in Tax Law Nudging is Judging Nudging – American and European Perspectives Obliged to Nudge Protecting Human Beings from Themselves Rational Justification of Soft Paternalistic Policies Rationality through Law Why Nudge

Editors and affiliations

  • Klaus Mathis
    • 1
  • Avishalom Tor
    • 2
  1. 1.Faculty of LawUniversity of LucerneLucerneSwitzerland
  2. 2.Notre Dame Law SchoolUniversity of Notre DameNotre DameUSA

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-29562-6
  • Copyright Information Springer International Publishing Switzerland 2016
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-29560-2
  • Online ISBN 978-3-319-29562-6
  • About this book