Nudge and the Law: A European Perspective

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. 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. Edited By Alberto Alemanno And Anne-lise Sibony. With A Foreword By Cass Sunstein--dust Jacket. Includes Bibliographical References And Index. Also Issued In Print. English