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  • Nudge and the Law: A European Perspective

    Nudge and the Law by Alemanno, Alberto; Sibony, Anne-Lise;

    A European Perspective

    Series: Modern Studies in European Law;

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      • Publisher's listprice GBP 85.00
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        40 608 Ft (38 675 Ft + 5% VAT)
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    Product details:

    • Publisher Hart Publishing
    • Date of Publication 24 September 2015
    • Number of Volumes Hardback

    • ISBN 9781849467322
    • Binding Hardback
    • No. of pages400 pages
    • Size 234x156x16 mm
    • Weight 735 g
    • Language English
    • 0

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    Long description:

    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.

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    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

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