Nudge and the Law: A European Perspective

Author:   Professor Alberto Alemanno ,  Anne-Lise Sibony
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509918355


Pages:   400
Publication Date:   28 December 2017
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Nudge and the Law: A European Perspective


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Overview

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.

Full Product Details

Author:   Professor Alberto Alemanno ,  Anne-Lise Sibony
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.558kg
ISBN:  

9781509918355


ISBN 10:   1509918353
Pages:   400
Publication Date:   28 December 2017
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. The Emergence of Behavioural Policy-Making: A European Perspective Anne-Lise Sibony and Alberto Alemanno Part I: Integrating Behavioural Sciences into EU Law-Making 2. Behavioural Sciences in Practice: Lessons for EU Rulemakers Fabiana Di Porto and Nicoletta Rangone 3. Nudging and Evidence-Based Policy in Europe: Problems of Normative Legitimacy and Effectiveness Muireann Quigley and Elen Stokes 4 .Judge the Nudge: In Search of the Legal Limits of Paternalistic Nudging in the EU Anne van Aaken Part II: De-Biasing Through EU Law and Beyond 5. Can Experts be Trusted and what can be done about it? Insights from the Biases and Heuristics Literature Oren Perez 6. Overcoming Illusions of Control: How to Nudge and Teach Regulatory Humility Claire A Dunlop and Claudio M Radaelli Part III: The Impact of Behavioural Sciences on EU Policies 7. Behavioural Sciences and EU Data Protection Law: Challenges and Opportunities Eoin Carolan and Alessandro Spina 8. Behavioural Sciences and the Regulation of Privacy on the Internet Frederik Zuiderveen Borgesius 9. EU Consumer Protection and Behavioural Sciences: Revolution or Reform? Anne-Lise Sibony and Geneviève Helleringer 10. What can EU Health Law Learn from Behavioural Sciences? The Case of EU Lifestyle Regulation Alberto Alemanno 11. Conduct of Business Rules in EU Financial Services Regulation: Behavioural Rules Devoid of Behavioural Analysis? Pieter Van Cleynenbreugel Part IV: Problems with Behaviourally Informed Regulation 12. Making Sense of Nudge-Scepticism: Three Challenges to EU Law’s Learning from Behavioural Sciences Péter Cserne 13. Behavioural Trade-Offs: Beyond the Land of Nudges Spans the World of Law and Psychology Yuval Feldman and Orly Lobel 14. Epilogue: The Legitimacy and Practicability of EU Behavioural Policy-Making Alberto Alemanno and Anne-Lise Sibony

Reviews

I unreservedly recommend it to anyone who is interested in behavioural law and economics or wants to know more about the limitations of the current EU law and how improvements can be made. -- Dr. Qi Zhou * Maastricht journal of European and comparative law * In Nudge and the law1 Alemanno and Sibony have gathered together an important set of contributions to the debate about “behaviourally informed regulation”. -- Fabrizio Esposito * Humana.Mente Journal of Philosophical Studies * The book makes important and novel contributions in a range of topics on both a theoretical and a substantial level. -- Philipp HACKER * European Review of Private Law * [The book] offers an excellent and, in my view, quite comprehensive picture of the behavioural legal research currently conducted at European universities by younger or already renowned researchers of the field. The particular charm of [this work] is its coverage of a wider range of policy areas and its stronger emphasis on the many exiting and important theoretical and methodological problems inherent in this relatively new school of research. -- Brigitta Lurger, Professor at University of Graz * The Journal of European Consumer and Market Law * I recommend the book to scholars with an interest in regulation, public law or law and economics although there is also much of value here for a generalist audience, too. -- Mike Varney, The University of Hull 2017 * EUROPEAN PUBLIC LAW *


I unreservedly recommend it to anyone who is interested in behavioural law and economics or wants to know more about the limitations of the current EU law and how improvements can be made. -- Dr. Qi Zhou * Maastricht journal of European and comparative law * In Nudge and the law1 Alemanno and Sibony have gathered together an important set of contributions to the debate about behaviourally informed regulation . -- Fabrizio Esposito * Humana.Mente Journal of Philosophical Studies * The book makes important and novel contributions in a range of topics on both a theoretical and a substantial level. -- Philipp HACKER * European Review of Private Law * [The book] offers an excellent and, in my view, quite comprehensive picture of the behavioural legal research currently conducted at European universities by younger or already renowned researchers of the field. The particular charm of [this work] is its coverage of a wider range of policy areas and its stronger emphasis on the many exiting and important theoretical and methodological problems inherent in this relatively new school of research. -- Brigitta Lurger, Professor at University of Graz * The Journal of European Consumer and Market Law *


I unreservedly recommend it to anyone who is interested in behavioural law and economics or wants to know more about the limitations of the current EU law and how improvements can be made. -- Dr. Qi Zhou * Maastricht journal of European and comparative law * In Nudge and the law1 Alemanno and Sibony have gathered together an important set of contributions to the debate about behaviourally informed regulation . -- Fabrizio Esposito * Humana.Mente Journal of Philosophical Studies * The book makes important and novel contributions in a range of topics on both a theoretical and a substantial level. -- Philipp HACKER * European Review of Private Law * [The book] offers an excellent and, in my view, quite comprehensive picture of the behavioural legal research currently conducted at European universities by younger or already renowned researchers of the field. The particular charm of [this work] is its coverage of a wider range of policy areas and its stronger emphasis on the many exiting and important theoretical and methodological problems inherent in this relatively new school of research. -- Brigitta Lurger, Professor at University of Graz * The Journal of European Consumer and Market Law * I recommend the book to scholars with an interest in regulation, public law or law and economics although there is also much of value here for a generalist audience, too. -- Mike Varney, The University of Hull 2017 * EUROPEAN PUBLIC LAW *


Author Information

Alberto Alemanno is Jean Monnet Professor of EU Law and Risk Regulation at HEC Paris and Global Clinical Professor at New York University School of Law. Anne-Lise Sibony is Professor of EU Law at the University of Louvain.

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