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Nudge and the Law

A European Perspective

Editor(s): Alberto Alemanno, Anne-Lise Sibony
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Published: 24-09-2015
Format: Hardback
Edition: 1st
Extent: 400
ISBN: 9781849467322
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £65.00
Online price : £58.50
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Loren Epson

About Nudge and the Law

Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those 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 and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. 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 beyond.

Table Of Contents

1. The Emergence of Behavioural Policy-Making: A European Perspective
Anne-Lise Sibony and Alberto Alemanno
Part I: Integrating Behavioural Sciences into EU Law-Making
2. Behavioural Sciences in Practice: Lessons for EU Rulemakers
Fabiana Di Porto and Nicoletta Rangone
3. Nudging and Evidence-Based Policy in Europe: Problems of Normative Legitimacy and Effectiveness
Muireann Quigley and Elen Stokes
4 .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
5. Can Experts be Trusted and what can be done about it? Insights from the Biases and Heuristics Literature Oren Perez
6. 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
7. Behavioural Sciences and EU Data Protection Law: Challenges and Opportunities
Eoin Carolan and Alessandro Spina
8. Behavioural Sciences and the Regulation of Privacy on the Internet
Frederik Zuiderveen Borgesius
9. EU Consumer Protection and Behavioural Sciences: Revolution or Reform?
Anne-Lise Sibony and Geneviève Helleringer
10. What can EU Health Law Learn from Behavioural Sciences? The Case of EU Lifestyle Regulation
Alberto Alemanno
11. 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
12. Making Sense of Nudge-Scepticism: Three Challenges to EU Law's Learning from Behavioural Sciences
Péter Cserne
13. Behavioural Trade-Offs: Beyond the Land of Nudges Spans the World of Law and Psychology
Yuval Feldman and Orly Lobel
14. Epilogue: The Legitimacy and Practicability of EU Behavioural Policy-Making
Alberto Alemanno and Anne-Lise Sibony


“I unreservedly recommend it to anyone who is interested in behavioural law and economics or wants to know more about the limitations of the current EU law and how improvements can be made.” –  Dr. Qi Zhou, Maastricht journal of European and comparative law

“In Nudge and the law1 Alemanno and Sibony have gathered together an important set of contributions to the debate about “behaviourally informed regulation”.” –  Fabrizio Esposito, Humana.Mente Journal of Philosophical Studies

“The book makes important and novel contributions in a range of topics on both a theoretical and a substantial level.” –  Philipp HACKER, European Review of Private Law

“[The book] offers an excellent and, in my view, quite comprehensive picture of the behavioural legal research currently conducted at European universities by younger or already renowned researchers of the field. The particular charm of [this work] is its coverage of a wider range of policy areas and its stronger emphasis on the many exiting and important theoretical and methodological problems inherent in this relatively new school of research.” –  Brigitta Lurger, Professor at University of Graz, The Journal of European Consumer and Market Law

“I recommend the book to scholars with an interest in regulation, public law or law and economics although there is also much of value here for a generalist audience, too.” –  Mike Varney, The University of Hull 2017, EUROPEAN PUBLIC LAW

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