Freedom of Contract and Paternalism: Prospects and Limits of an Economic Approach

Hardcover | December 24, 2012

byPéter Cserne

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Recent regulatory ideas like libertarian paternalism and nudge indicate how policy discourse over sin taxes, consumer credits, cooling-off periods, pension schemes and other domains of life increasingly relies on terminology, analytical methods and empirical findings of behavioral economics. Freedom of Contract and Paternalism offers a thorough and critical analysis of the philosophical foundations and methodological problems of an economic approach to paternalism. Looking at contract regulation in various jurisdictions, Cserne discusses whether and how economic analysis, behavioral or otherwise, can explain and justify paternalism, the limitation of freedom of choice for the supposed benefit of those constrained.

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Recent regulatory ideas like libertarian paternalism and nudge indicate how policy discourse over sin taxes, consumer credits, cooling-off periods, pension schemes and other domains of life increasingly relies on terminology, analytical methods and empirical findings of behavioral economics. Freedom of Contract and Paternalism offers a...

Péter Cserne is a senior lecturer in Law at the University of Hull. A lawyer and economist by training, he has published widely on legal theory, economic analysis of law, and contracts. He is the founder and convener of MetaLawEcon, an international academic network for research on the foundations of economic analysis of law.

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Kobo ebook|Nov 27 2012

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Format:HardcoverDimensions:206 pages, 10.79 × 5.69 × 0.66 inPublished:December 24, 2012Publisher:Palgrave MacmillanLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0230340296

ISBN - 13:9780230340299

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Table of Contents

Table of ContentsPreface1.Introduction: Motives and Methods2.Paternalism in Philosophy: Conceptions and Justifications3.Paternalism in Economics: Redefinitions and the Behavioral Turn4.Paternalism in Practice: Public Policy and Legal Design5.Paternalism in Contract Law: Rationalization and Critique6.Conclusion: Old and New in 'New Paternalism'BibliographyNotesIndex

Editorial Reviews

"Freedom of Contract and Paternalism is an 'interference with individual autonomy that aims at protecting or promoting the interests of the individual.' Does it represent a case of soft paternalism? You do not have to read it but is in your interest to read it. It is a very important book." - Manfred J. Holler, professor, University of Hamburg"Freedom of Contract and Paternalism combines insights from philosophy, economics and behavioral economics and applies them to resolve some of the most controversial questions in contract law, consumers' law, regulation and other fields of law and policy. It is an important contribution illustrating the power of the interdisciplinary methodology. It will be of great importance to philosophers, lawyers and policy-makers interested in regulation, its limitations and its impact on autonomy and welfare." - Alon Harel, Phillip P. Mizock and Estelle Mizock Chair in Administrative and Criminal Law, Hebrew University