Nudging - Possibilities, Limitations and Applications in European Law and Economics PDF Download

Author: Klaus Mathis
Publisher: Springer
ISBN: 3319295624
Category : Law
Languages : en
Pages : 391

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Book Description
This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.

Author: Omri Ben-Shahar
Publisher: Oxford University Press
ISBN: 0197522831
Category : Law
Languages : en
Pages : 257

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Book Description
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Author: Kent Greenfield
Publisher: ReadHowYouWant.com
ISBN: 1459606167
Category : Law
Languages : en
Pages : 562

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Book Description
When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405

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Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Author: Mike Dooley
Publisher: Simon and Schuster
ISBN: 1439121478
Category : Body, Mind & Spirit
Languages : en
Pages : 308

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Book Description
Infinite Possibilities is the masterwork from teacher, author, and featured speaker Mike Dooley. As the next step beyond his immensely popular Notes from the Universe trilogy, and his follow up, Choose them Wisely, this book contains even more enriching wisdom for living an abundant, joyous life. Mike Dooley knows that we create our own reality, our own fate, and our own luck. We’re beings filled with infinite possibility—just ready to explore how powerful we truly are. Manifesting the magnificence of our dreams isn’t about hard work, but rather about belief and expectation. These principles transcend belief, realizing the truth about our human nature. Your dreams are not accidental, nor inconsequential. And if someone were tell the truth about life, reality, and the powers we all possessed, would it be recognized? Our lives are full of adventures—and not exactly the sky-diving, mountain-climbing variety—but something better. Readers will laugh, applaud, and be inspired by Mike Dooley’s wit and wisdom.

Author: Dianne Otto
Publisher: Routledge
ISBN: 1351971131
Category : Law
Languages : en
Pages : 493

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Book Description
This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

Author: Tracy Turner
Publisher: Aspen Publishing
ISBN: 1454858796
Category : Law
Languages : en
Pages : 454

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Book Description
Legal Writing from the Ground Up: Process, Principles, and Possibilities breaks down legal writing into a step-by-step process but avoids a one-size-fits-all approach. This book helps legal writing professors balance the need to encourage original and strategic thinking while providing guidance for students as they develop their legal writing skills. Tracy Turner writes with today s generation of students in mind, and helps to arm student with specific and powerful tools without shackling their creativity. Key Features Multiple adaptations of the Issue, Rule, Application, and Conclusion (IRAC) paradigm that reflect a different approaches to problem solving Different strategic considerations in selecting the right analytical model for a particular case Consistent emphasis on the foundations of legal analysis Proven-effective techniques for continuing skill development Visual aids that are transferable learning tools, such as charts and diagrams Critical reading techniques, clearly explained Visually navigable pages and the author s direct and engaging writing style An intuitively logical organization of content, that easily adapts to myriad approaches to teaching and study

Author: Jessie Hohmann
Publisher: Bloomsbury Publishing
ISBN: 1782250999
Category : Law
Languages : en
Pages : 291

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Book Description
A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

Author: Marianne Constable
Publisher: Princeton University Press
ISBN: 1400826926
Category : Law
Languages : en
Pages : 215

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Book Description
Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.

Author: Charles F. Sabel
Publisher: Cambridge University Press
ISBN: 9780521894432
Category : Business & Economics
Languages : en
Pages : 526

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Book Description
This book retells the history of Western industrialization, revealing possibilities unexplored in the nineteenth century, variants of which have come to transform present day economies. It shows that economic actors have historically been more aware of the great strategic choices they faced than standard theory credits them with being, and this surprising acuity allows them to imagine and put into practice solutions which current theories of industrial organization have scarcely anticipated. The book is therefore at one and the same time a contribution to a substantive revision of the history of mechanized production and a propaedeutic in a form of explanation that approximates the knowledge of the actor to the knowledge of the theorist. The volume groups essays presented by a multinational team of historians and social scientists drawing on intensive primary research on a wide range of firms, regions, sectors and national economies in Western Europe and the United States from the eighteenth century to the 1990s.