Nudge and the law : a European perspective / edited by Alberto Alemanno and Anne-Lise Sibony.

Format:

Book

Contributor:

Alemanno, Alberto, editor.

Sibony, Anne-Lise, editor.

Sunstein, Cass R., writer of foreword, editor.

Series:

Modern studies in European law.

Modern studies in European law

Language:

English

Subjects (All):

Law and the social sciences--European Union countries.

Law and the social sciences.

Political planning--European Union countries.

Political planning.

Government policy.

European Union countries--Government policy.

European Union countries.

Physical Description:

1 online resource (400 p.)

Place of Publication:

Oxford, United Kingdom : Hart Publishing, 2015.

Language Note:

English

Summary:

"Behavioural sciences provide a better understanding of human decision-making. Increasingly, governments around the world are keen to rely on these 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, low-cost and choice preserving regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed regulation has a huge potential, it also attracts legitimacy and practicability concerns. Nudging and the Law 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. "This book offers an exceptionally impressive, and wide-ranging, set of essays on behaviourally informed approaches to law and regulation in Europe, with particular reference to nudges. In Europe as elsewhere, an important question is drawing increasing attention: what are the ethical limits on nudges? Insofar as the goal is to promote navigability, the ethical objections are greatly weakened and might well dissipate. In this regard, Alemanno and Sibony offer some helpful reflections on how to assess the autonomy objection to nudges. They argue, plausibly in my view, that many behavioural interventions are neutral with respect to autonomy because they affect behaviour in instances where, in all likelihood, no deliberation would have taken place." From the Foreword by Cass R Sunstein, Harvard School of Law."--Bloomsbury Publishing.

Contents:

pt. I. Integrating behavioural sciences into EU law-making

pt. II. De-biasing through EU law and beyond

pt. III. The impact of behavioural sciences on EU policies

pt. IV. Problems with behaviourally informed regulation.

The Emergence of behavioural policy-making : a European perspective

Anne-Lise Sibony, Alberto Alemanno

Part I. Integrating behavioural sciences into EU law-making

Behavioural sciences in practice : lessons for EU rulemakers

Fabiana Di Porto, Nicoletta Rangone

Nudging and evidence-based policy in Europe : problems of normative legitimacy and effectiveness

Muireann Quigley, Elen Stokes

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

Can experts be trusted and what can be done about it? : insights from the biases and heuristics literature

Oren Perez

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

Behavioural sciences and EU data protection law : challenges and opportunities

Eoin Carolan, Alessandro Spina

Behavioural sciences and the regulation of privacy on the Internet

Frederik Zuiderveen Borgesius

EU consumer protection and behavioural sciences : revolution or reform?

Anne-Lise Sibony and Geneviève Helleringer

What can EU health law learn from behavioural sciences? : the case of EU lifestyle regulation

Alberto Alemanno

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

Making sense of nudge-scepticism : three challenges to EU law's learning from behavioural sciences

Péter Cserne

Behavioural trade-offs : beyond the land of nudges spans the world of law and psychology

Yuval Feldman, Orly Lobel

Epilogue : The legitimacy and practicability of EU behavioural policy-making

Alberto Alemanno, Anne-Lise Sibony.

Notes:

"With a foreword by Cass Sunstein"--Dust jacket.

Includes bibliographical references and index.

ISBN:

9781474203463

1474203469

9781782259497

178225949X

OCLC:

919495722