Nudge And The Law

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

Author : Klaus Mathis
Publisher : Springer
ISBN 13 : 3319295624
Total Pages : 391 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Nudging - Possibilities, Limitations and Applications in European Law and Economics by : Klaus Mathis

Download or read book Nudging - Possibilities, Limitations and Applications in European Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2016-05-20 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Nudge and the Law

Author : Alberto Alemanno
Publisher : Bloomsbury Publishing
ISBN 13 : 178225949X
Total Pages : 400 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Nudge and the Law by : Alberto Alemanno

Download or read book Nudge and the Law written by Alberto Alemanno and published by Bloomsbury Publishing. This book was released on 2015-09-24 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.

Nudging Health

Author : I. Glenn Cohen
Publisher : JHU Press
ISBN 13 : 1421421011
Total Pages : 393 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Nudging Health by : I. Glenn Cohen

Download or read book Nudging Health written by I. Glenn Cohen and published by JHU Press. This book was released on 2016-12 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zamzow, Richard J. Zeckhauser--Jon S. Vernick, Johns Hopkins Bloomberg School of Public Health, coeditor of Reducing Gun Violence in America: Informing Policy with Evidence and Analysis "Springer Journal"

Private Law, Nudging and Behavioural Economic Analysis

Author : Antonis Karampatzos
Publisher : Routledge
ISBN 13 : 9781003014652
Total Pages : 0 pages
Book Rating : 4.0/5 (146 download)

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Book Synopsis Private Law, Nudging and Behavioural Economic Analysis by : Antonis Karampatzos

Download or read book Private Law, Nudging and Behavioural Economic Analysis written by Antonis Karampatzos and published by Routledge. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 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"--

Why Nudge?

Author : Cass R. Sunstein
Publisher : Yale University Press
ISBN 13 : 0300197861
Total Pages : 208 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Why Nudge? by : Cass R. Sunstein

Download or read book Why Nudge? written by Cass R. Sunstein and published by Yale University Press. This book was released on 2014-03-25 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The best-selling author of Simpler offers an argument for protecting people from their own mistakes.

The Behavioral Code

Author : Benjamin van Rooij
Publisher : Beacon Press
ISBN 13 : 0807049093
Total Pages : 314 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis The Behavioral Code by : Benjamin van Rooij

Download or read book The Behavioral Code written by Benjamin van Rooij and published by Beacon Press. This book was released on 2021-10-26 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2022 PROSE Award finalist in Legal Studies and Criminology A 2022 American Bar Association Silver Gavel Award Finalist A Behavioral Scientist’s Notable Book of 2021 Freakonomics for the law—how applying behavioral science to the law can fundamentally change and explain misbehavior Why do most Americans wear seatbelts but continue to speed even though speeding fines are higher? Why could park rangers reduce theft by removing “no stealing” signs? Why was a man who stole 3 golf clubs sentenced to 25 years in prison? Some laws radically change behavior whereas others are consistently ignored and routinely broken. And yet we keep relying on harsh punishment against crime despite its continued failure. Professors Benjamin van Rooij and Adam Fine draw on decades of research to uncover the behavioral code: the root causes and hidden forces that drive human behavior and our responses to society’s laws. In doing so, they present the first accessible analysis of behavioral jurisprudence, which will fundamentally alter how we understand the connection between law and human behavior. The Behavioral Code offers a necessary and different approach to battling crime and injustice that is based in understanding the science of human misconduct—rather than relying on our instinctual drive to punish as a way to shape behavior. The book reveals the behavioral code’s hidden role through illustrative examples like: • The illusion of the US’s beloved tax refund • German walls that “pee back” at public urinators • The $1,000 monthly “good behavior” reward that reduced gun violence • Uber’s backdoor “Greyball” app that helped the company evade Seattle’s taxi regulators • A $2.3 billion legal settlement against Pfizer that revealed how whistleblower protections fail to reduce corporate malfeasance • A toxic organizational culture playing a core role in Volkswagen’s emissions cheating scandal • How Peter Thiel helped Hulk Hogan sue Gawker into oblivion Revelatory and counterintuitive, The Behavioral Code catalyzes the conversation about how the law can effectively improve human conduct and respond to some of our most pressing issues today, from police misconduct to corporate malfeasance.

The Ethics of Influence

Author : Cass R. Sunstein
Publisher : Cambridge University Press
ISBN 13 : 1107140706
Total Pages : 237 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Ethics of Influence by : Cass R. Sunstein

Download or read book The Ethics of Influence written by Cass R. Sunstein and published by Cambridge University Press. This book was released on 2016-08-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Ethics of Influence, Cass R. Sunstein investigates the ethical issues surrounding government nudges, choice architecture, and mandates.

Sludge

Author : Cass R. Sunstein
Publisher : MIT Press
ISBN 13 : 0262365332
Total Pages : 168 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Sludge by : Cass R. Sunstein

Download or read book Sludge written by Cass R. Sunstein and published by MIT Press. This book was released on 2021-09-07 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we became so burdened by red tape and unnecessary paperwork, and why we must do better. We've all had to fight our way through administrative sludge--filling out complicated online forms, mailing in paperwork, standing in line at the motor vehicle registry. This kind of red tape is a nuisance, but, as Cass Sunstein shows in Sludge, it can also also impair health, reduce growth, entrench poverty, and exacerbate inequality. Confronted by sludge, people just give up--and lose a promised outcome: a visa, a job, a permit, an educational opportunity, necessary medical help. In this lively and entertaining look at the terribleness of sludge, Sunstein explains what we can do to reduce it. Because of sludge, Sunstein, explains, too many people don't receive benefits to which they are entitled. Sludge even prevents many people from exercising their constitutional rights--when, for example, barriers to voting in an election are too high. (A Sludge Reduction Act would be a Voting Rights Act.) Sunstein takes readers on a tour of the not-so-wonderful world of sludge, describes justifications for certain kinds of sludge, and proposes "Sludge Audits" as a way to measure the effects of sludge. On balance, Sunstein argues, sludge infringes on human dignity, making people feel that their time and even their lives don't matter. We must do better.

Preference Change

Author : Till Grüne-Yanoff
Publisher : Springer Science & Business Media
ISBN 13 : 9048125936
Total Pages : 273 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Preference Change by : Till Grüne-Yanoff

Download or read book Preference Change written by Till Grüne-Yanoff and published by Springer Science & Business Media. This book was released on 2009-06-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing preferencesis a phenomenonoften invoked but rarely properlyaccounted for. Throughout the history of the social sciences, researchers have come against the possibility that their subjects’ preferenceswere affected by the phenomenato be explainedor by otherfactorsnot taken into accountin the explanation.Sporadically, attempts have been made to systematically investigate these in uences, but none of these seems to have had a lasting impact. Today we are still not much further with respect to preference change than we were at the middle of the last century. This anthology hopes to provide a new impulse for research into this important subject. In particular, we have chosen two routes to amplify this impulse. First, we stress the use of modellingtechniquesfamiliar from economicsand decision theory. Instead of constructing complex, all-encompassing theories of preference change, the authors of this volume start with very simple, formal accounts of some possible and hopefully plausible mechanism of preference change. Eventually, these models may nd their way into larger, empirically adequate theories, but at this stage, we think that the most importantwork lies in building structure.Secondly,we stress the importance of interdisciplinary exchange. Only by drawing together experts from different elds can the complex empirical and theoretical issues in the modelling of preference change be adequately investigated.

Investment Treaties and the Legal Imagination

Author : Nicolás M. Perrone
Publisher : Oxford University Press, USA
ISBN 13 : 0198862148
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone

Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Nudge Theory in Action

Author : Sherzod Abdukadirov
Publisher : Springer
ISBN 13 : 3319313193
Total Pages : 362 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Nudge Theory in Action by : Sherzod Abdukadirov

Download or read book Nudge Theory in Action written by Sherzod Abdukadirov and published by Springer. This book was released on 2016-09-28 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection challenges the popular but abstract concept of nudging, demonstrating the real-world application of behavioral economics in policy-making and technology. Groundbreaking and practical, it considers the existing political incentives and regulatory institutions that shape the environment in which behavioral policy-making occurs, as well as alternatives to government nudges already provided by the market. The contributions discuss the use of regulations and technology to help consumers overcome their behavioral biases and make better choices, considering the ethical questions of government and market nudges and the uncertainty inherent in designing effective nudges. Four case studies - on weight loss, energy efficiency, consumer finance, and health care - put the discussion of the efficiency of nudges into concrete, recognizable terms. A must-read for researchers studying the public policy applications of behavioral economics, this book will also appeal to practicing lawmakers and regulators.

Behavioural Public Policy

Author : Adam Oliver
Publisher : Cambridge University Press
ISBN 13 : 1107042631
Total Pages : 252 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Behavioural Public Policy by : Adam Oliver

Download or read book Behavioural Public Policy written by Adam Oliver and published by Cambridge University Press. This book was released on 2013-10-24 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this accessible collection, leading academic economists, psychologists and philosophers apply behavioural economic findings to practical policy concerns.

Jury Decision Making

Author : Dennis J. Devine
Publisher : NYU Press
ISBN 13 : 0814725228
Total Pages : 286 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Jury Decision Making by : Dennis J. Devine

Download or read book Jury Decision Making written by Dennis J. Devine and published by NYU Press. This book was released on 2012-08-06 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making, Dennis J. Devine examines over 50 years of research on juries and offers a "big picture" overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.

Intervention in Civil Wars

Author : Chiara Redaelli
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940553
Total Pages : 340 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Intervention in Civil Wars by : Chiara Redaelli

Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

The Economics of Nudge

Author : Cass R. Sunstein
Publisher :
ISBN 13 : 9781138938540
Total Pages : pages
Book Rating : 4.9/5 (385 download)

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Book Synopsis The Economics of Nudge by : Cass R. Sunstein

Download or read book The Economics of Nudge written by Cass R. Sunstein and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Good People

Author : Yuval Feldman
Publisher :
ISBN 13 : 1107137101
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Law of Good People by : Yuval Feldman

Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.

Trusting Nudges

Author : Cass R. Sunstein
Publisher : Routledge
ISBN 13 : 0429837321
Total Pages : 146 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Trusting Nudges by : Cass R. Sunstein

Download or read book Trusting Nudges written by Cass R. Sunstein and published by Routledge. This book was released on 2019-01-03 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many "nudges" aim to make life simpler, safer, or easier for people to navigate, but what do members of the public really think about these policies? Drawing on surveys from numerous nations around the world, Sunstein and Reisch explore whether citizens approve of nudge policies. Their most important finding is simple and striking. In diverse countries, both democratic and nondemocratic, strong majorities approve of nudges designed to promote health, safety, and environmental protection—and their approval cuts across political divisions. In recent years, many governments have implemented behaviorally informed policies, focusing on nudges—understood as interventions that preserve freedom of choice, but that also steer people in certain directions. In some circles, nudges have become controversial, with questions raised about whether they amount to forms of manipulation. This fascinating book carefully considers these criticisms and answers important questions. What do citizens actually think about behaviorally informed policies? Do citizens have identifiable principles in mind when they approve or disapprove of the policies? Do citizens of different nations agree with each other? From the answers to these questions, the authors identify six principles of legitimacy—a "bill of rights" for nudging that build on strong public support for nudging policies around the world, while also recognizing what citizens disapprove of. Their bill of rights is designed to capture citizens’ central concerns, reflecting widespread commitments to freedom and welfare that transcend national boundaries.