Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy.

It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach.

The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.

The Open Access version of this book, available at https://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-NonCommercial-NoDerivatives (CC BY-NC-ND) 4.0 license.

part A|82 pages

Behavioral economic analysis of law, nudge theory, and freedom of choice

chapter 3|6 pages

Beyond defaults, opt-out or opt-in systems

The recourse to the visible hand of the mandated-choice model
Size: 0.08 MB

part B|60 pages

EU private law and possible scope of application of the mandated-choice model under a Behavioral Economic Analysis of Law (BEAL) approach

chapter 6|12 pages

Strict product liability and mandated-choice model

Why are they incompatible?
Size: 0.15 MB

chapter 7|11 pages

Final remarks

The philosophical foundations of freedom of choice and personal autonomy and the specific affiliation of the mandated-choice model to them
Size: 0.25 MB