Juxtaposing Autonomy and Paternalism in Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Juxtaposing Autonomy and Paternalism in Private Law write by Anthony I Ogus. This book was released on 2011-07-11. Juxtaposing Autonomy and Paternalism in Private Law available in PDF, EPUB and Kindle. Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political and economic values. This collection deals with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces. Concepts are defined and analysed, in particular the distinction between the coercive approach of 'hard paternalism' in the law, and the 'nudge' approach of 'soft paternalism'. Attention is then focused on how the tensions between the concepts are resolved in the law of contract, where deficient information and mistakes can justify an interventionist approach. Besides overviews of the issues within the general law of contract, and historical studies of the relevant principles in the common law and Roman law, the book also includes studies of specific areas, notably insurance contracts and consumer bankruptcy. The authors, from North America, the United Kingdom and continental Europe, include economists, sociologists and traditional legal scholars.
Private Law, Nudging and Behavioural Economic Analysis
Private Law, Nudging and Behavioural Economic Analysis - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Private Law, Nudging and Behavioural Economic Analysis write by Antonios Karampatzos. This book was released on 2020-01-14. Private Law, Nudging and Behavioural Economic Analysis available in PDF, EPUB and Kindle. 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.
Freedom of Contract and Paternalism
Freedom of Contract and Paternalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Freedom of Contract and Paternalism write by P. Cserne. This book was released on 2012-12-23. Freedom of Contract and Paternalism available in PDF, EPUB and Kindle. A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Paternalism
Paternalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Paternalism write by Antal Szerletics. This book was released on 2015. Paternalism available in PDF, EPUB and Kindle. Paternalism interferes with a person's liberty or autonomy to promote the person's good or to protect him from self-harm. The aim of this book is to critically evaluate the conceptual and justificatory models related to paternalism in the context of moral philosophy. Analysis of selected legal cases complements the theoretical investigation.
Autonomy and Intervention
Autonomy and Intervention - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Autonomy and Intervention write by John Kultgen. This book was released on 1995-02-16. Autonomy and Intervention available in PDF, EPUB and Kindle. The basic relationship between people should be care, and the caring life is the highest which humans can live. Unfortunately, care that is not thoughtful slides into illegitimate intrusion on autonomy. Autonomy is a basic good, and we should not abridge it without good reason. On the other hand, it is not the only good. We must sometimes intervene in the lives of others to protect them from grave harms or provide them with important benefits. The reflective person, therefore, needs guidelines for caring. Some contemporary moralists condemn paternalism categorically. This work examines weaknesses in their arguments and proposes new guidelines for paternalism, which it calls "parentalism" to avoid the patriarchal connotations of the old term. Its antiparentalism is more moderate than standard antipaternalism based on an exaggerated respect for autonomy. The work explores implications for both the personal sphere of interactions between individuals, such as friends and family members, and the public sphere of institutions, legislation, and the professional practices.
