Nudge And The Law

Author: Alberto Alemanno
Publisher: Bloomsbury Publishing
ISBN: 1782259481
Size: 37.70 MB
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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 ...


Author: Richard H Thaler
Publisher: Penguin UK
ISBN: 0141976101
Size: 53.36 MB
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The upshot is that where the law is unclear, long and intense disputes are likely.
Both sides would benefit if they could be nudged toward a smaller range of
expected outcomes, so that their expectations will have some overlap. Families
facing divorce will gain if the law provides an anchor or range, helping people
know what constitutes a fair or likely outcome. To achieve this goal, the best
solution is to introduce something not unlike criminal sentencing guidelines – a
fairly narrow ...

Law And Global Health

Author: Michael Freeman
Publisher: OUP Oxford
ISBN: 0191003468
Size: 79.97 MB
Format: PDF
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28 In this respect, nudges are analogous to laws. A piece of legislation governing
, say, traffic might necessitate further legislation. For example, if mandating
seatbelt use results in people driving faster, further legislation might be required
to address speeding. But this proliferation of laws is not problematic so long as
each one is justified. 29 Rizzo and Whitman, 'Little Brother is Watching You' (n 25
) 709. 30 In fact, what lies at the top of this putative slope is ruled out, too: Rizzo
and ...

The Oxford Handbook Of Behavioral Economics And The Law

Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0199397953
Size: 44.87 MB
Format: PDF, Mobi
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As in the first parts of the chapter, I use “traditional” BLE as a baseline for
evaluating the ways in which policymakers may be able to account for people's
automatic reasoning either directly (e.g., the nudge approach) or indirectly, by
forcing people to overcome their automatic reasoning by means of System 2 (see
also Amir and Lobel 2012). Overall, according to the normative arguments
presented in this part of the chapter, the classical dichotomy of intrinsic versus
extrinsic motivation ...

Yale Law Journal Volume 122 Number 3 December 2012

Author: Yale Law Journal
Publisher: Quid Pro Books
ISBN: 1610279085
Size: 31.94 MB
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ABSTRACT. One of the most promising regulatory currents consists of “targeted”
disclosure: mandating simplified information disclosure at the time of
decisionmaking to “nudge” parties along. Its poster child is restaurant sanitation
grading. In principle, a simple posted letter grade ('A,' 'B,' or 'C') empowers
consumers and properly incentivizes restaurateursto reduce risks for
foodborneillness.Yet empirical evidence of the efficacy of restaurant gradingis
sparse.This Article fills the voidby ...

Law Human Agency And Autonomic Computing

Author: Mireille Hildebrandt
Publisher: Routledge
ISBN: 1136807667
Size: 42.52 MB
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The example occurs in the book, Nudge, by the behavioral economist, Richard
Thaler and law professor, Cass Sunstein(now Obama's chief ofthe Office of
Information and Regulatory Affairs) (NewYork Times 2009). 1 That was becauseI
frequentlyhad earlier used theterm “nudging” to indicate a nondeterministic
modeof shifting directions or trajectories in humantechnology relations.The other
frequently used notion I had advised concerning therole of philosophers
oftechnology in ...

Constitutionalization Of European Private Law

Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Size: 44.26 MB
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to explain more carefully why it proposes to ignore the consensual nature of the
activity just because it regards it as undignified, distasteful, or perverse. 11.
Protective Effect What impact will the introduction of fundamental rights into
private law have on the standards of fairness or social justice applied in disputes
arising between private parties? Will the rights serve to protect weaker parties
such as employees, tenants, and consumers against harsh contracts and robust
property rights?

Framing Contract Law

Author: Victor P. Goldberg
Publisher: Harvard University Press
ISBN: 9780674023123
Size: 80.83 MB
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When Aaron Director turned his skeptical economist's eye on antitrust law in the
1950s, he stimulated the production of a stream of scholarly papers that, within a
generation, resulted in a significant reshaping of antitrust law and policy. My
hope is that this project will at least nudge contract law and interpretation in a
similar direction. Adjustment of contractual relationships as circumstances
change and new information becomes available can increase value, and contract
law can ...

Reimagining Child Soldiers In International Law And Policy

Author: Mark A. Drumbl
Publisher: Oxford University Press
ISBN: 0199592659
Size: 21.92 MB
Format: PDF
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To where would this shift nudge international law and policy? Not toward
retributive criminal trials but, rather, toward restorative forms of justice to facilitate
social repair in afflicted communities. Toward bringing into sharper relief how the
expectations and experiences of individual child soldiers vary considerably.
Toward a rigorous framework of juvenile rights that bases itself on mutual respect
and reciprocal obligation. And toward a more finessed understanding of child
soldiering, ...

The Word And The Law

Author: Milner S. Ball
Publisher: University of Chicago Press
ISBN: 9780226036274
Size: 78.60 MB
Format: PDF
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What limits this possibility in law is that we write and read law on the very different
assumption of absence. That is why we try to get everything on the page and to
leave nothing to the imagination. And, as I say, this may be an appropriate and
necessary — if finally impossible — undertaking. There is afootjust now an
attempt to nudge law toward art, to open its language to the possibility of
transcendence and creative vitality found in literature, art, and music. It is an
attempt to do law on ...