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Behavioural Law and Economics as Litmus Test

open access: yesŒconomia, 2017
This paper discusses a few meta-theoretical questions about Behavioural Law and Economics (BLE) in order to better understand both its popularity and the criticisms it has received.
Péter Cserne
doaj   +6 more sources

How the Behavioural Turn in Law and Economics Vindicates the New Haven School

open access: yesŒconomia, 2017
This article claims that the behavioural turn in Law and Economics vindicates the approach of the pre-turn New Haven School. Available accounts of the turn offer useful methodological insights but are unconvincing, because they tend to oversimplify the ...
Fabrizio Esposito
doaj   +3 more sources

False Promises? A Sociological Critique of the Behavioural Turn in Law and Economics

open access: yesJournal of Consumer Policy, 2011
Economic bestsellers like Freakonomics and Nudge that mainly address outsiders of the economic discipline are also consumed by lawyers. The latter has already become an important reference in the field of consumer law and policy. In principle, this is nothing to complain about but part of law’s encounter with science, namely the social sciences ...
Sabine Frerichs
exaly   +3 more sources

Historical Roots and Contemporary Trends in Analysis of Law from Economic Standpoint [PDF]

open access: yesSocial Science Chronicle, 2023
This research paper delves into the intricate realm of the economic analysis of law, traversing its historical evolution, foundational principles, key figures, global impact, and responses to criticisms.
Aisha Omar
doaj   +1 more source

European Consumer Law Rationale in Light of New Challenges

open access: yesTeisė, 2022
This paper reviews the origin of the EU consumer protection paradigm, its development in legal doctrine and the CJEU jurisprudence, as well as the impact left on it by the insights from vulnerable consumer theory and behavioural economics discussed in ...
Danguolė Bublienė   +1 more
doaj   +1 more source

The limits of laws: Traffic law enforcement in South Africa

open access: yesSouth African Journal of Economic and Management Sciences, 2020
Background: The aim of many public policies is to change behaviour. Governments tend to rely on regulations, taxes and subsidies to effect such change. These measures, which affect agents’ economic incentives, have a mixed record.
Sophia du Plessis   +2 more
doaj   +1 more source

Nudges y la pandemia: un análisis desde la economía y el derecho conductual. Informe SESPAS 2022

open access: yesGaceta Sanitaria, 2022
Resumen: La economía del comportamiento (que aúna economía y psicología) ofrece claves para entender las decisiones tomadas por dirigentes políticos y por la ciudadanía durante la pandemia de COVID-19 a través de los llamados sesgos cognitivos.
José María Abellán-Perpiñán   +2 more
doaj   +1 more source

Behavioral Law and Economics Is Not Just a Refinement of Law and Economics

open access: yesŒconomia, 2017
A number of prominent advocates of applying behavioral economics to the law make the claim that behavioral law and economics is simply a refinement of traditional law and economics.
Steven M. Sheffrin
doaj   +1 more source

English common law versus German <em>Systemdenken?</em><br>Internal versus external approaches

open access: yesUtrecht Law Review, 2011
This article compares the 'systematic method' of continental German private law with the common law method. It starts out by discussing the characteristics of a systematic approach, its application to European private law as well as its methodological ...
Karl Riesenhuber
doaj   +1 more source

What Is the 'Social' in Behavioural Economics? The Methodological Underpinnings of Governance by Nudges [PDF]

open access: yes, 2018
Behavioural economics builds on psychology rather than on sociology, and on cognitive science rather than the science of culture. The same is true for new behavioural scholarship in the legal discipline, whether this is referred to as 'behavioural law ...
Frerichs, Sabine
core   +1 more source

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