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European and American Perspectives on Behavioural Law and Economics
2015Behavioural law and economics is one of the two most significant developments currently going on in legal scholarship. In this essay, I seek to describe, first, why behavioural law and economics is so important and to give a brief example of how it has altered the law-and-economic analysis of one significant area of substantive law—criminal law and ...
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Regulation of Automatic Renewal Clauses: A Behavioural Law and Economics Approach
Journal of Consumer Policy, 2015Many consumer contracts, such as magazine subscriptions, mobile phone contracts, or fitness club subscriptions, are fixed-term contracts containing an automatic renewal clause. This paper provides the rationale of why such contracts are signed and what are the economic and legislative impacts of such clauses.
Mitja Kovac, Ann-Sophie Vandenberghe
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Behavioural Economics and Labour Law
SSRN Electronic Journal, 2014Can behavioural economics help to make better labour law? This article traces the relationship between empirical work and legal thought, and focuses on new studies in behavioural economics and their potential implications for labour policy. Work by behavioural economists, and its implications, is discussed in four main fields of labour law policy: the ...
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Behavioural economics and Private International Law
2017This article explores the relevance of behavioral economics for legal issues in private international law. It finds that this relevance is limited. Choice of law problems in particular can be fruitfully analyzed with the neo-classical apparatus of economic theory that includes information asymmetries and externalities. Behavioral economics enhances our
Horst Eidenmüller, Johanna Stark
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A behavioural law and economics perspective on EU restructuring and insolvency law
2021The article discusses the relevance of behavioural insights in policy making by the European legislator when drafting the European Union Directive on restructuring and insolvency. The Directive imposes an obligation on the Member States to arrange for preventive restructuring frameworks, which will incentivize debtors in sight of distress but with a ...
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Behavioural Law & Economics and Sustainable Regulation
2017Non-legal disciplines increasingly are discovering the power of learning. Neither should the law, both in scholarship and regulatory practice, hesitate to tap this precious resource as well. Such an undertaking would seem particularly fruitful in environmental law. This chapter aims to contribute to this process by making six distinctive claims.
Philipp Hacker, Georgios Dimitropoulos
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Northern Ireland Legal Quarterly, 2022
The behavioural turn in economics has spilled over into the field of law and economics. Some scholars even consider behavioural economics a variety of new legal realism, invoking earlier efforts to promote law as a behavioural and social science. In fact, behavioural economics works towards more realistic assumptions about human behaviour by drawing on
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The behavioural turn in economics has spilled over into the field of law and economics. Some scholars even consider behavioural economics a variety of new legal realism, invoking earlier efforts to promote law as a behavioural and social science. In fact, behavioural economics works towards more realistic assumptions about human behaviour by drawing on
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Comparative Law, Behavioural Economics and Contemporary Evolutionary Functionalism
SSRN Electronic Journal, 2009In comparative legal theory, functionalists set about their inquiries from a belief that certain aspects of human behaviour and human societies are universal and that the legal system of every society thus is confronted with basically the same problems, while difference theorists start from a belief that human behaviour and human societies are ...
Julie De Coninck, Bart Du Laing
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The Next Generation of Behavioural Law and Economics
2015The paper examines some of the important tasks awaiting the next generation of scholarship in behavioural law and economics. Some of these tasks reflect the need for expanding the breadth of the behavioural approach to law while others involve the mission of increasing its depth. The following sections examine each category in turn.
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