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Offering a fresh perspective on "nudging", this book uses legal
paternalism to explore how legal systems may promote good policies
without ignoring personal autonomy.
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.
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