Full Description
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.
Contents
1 Introducing, Defining and Balancing 'Autonomy versus Paternalism'
Willem H van Boom and Anthony Ogus
2 Mandatory Contract Law: Functions and Principles in Light of the Proposal for a Directive on Consumer Rights
Gerhard Wagner
3 The Role of Information Deficiencies in Contract Enforcement
Ann-Sophie Vandenberghe
4 Consumer Bankruptcy: A Third Way Between Autonomy and Paternalism in Private Law
Nick Huls
5 Regulating Consumer Demand in Insurance Markets
Daniel Schwarcz
6 Contracts and Capabilities: An Evolutionary Perspective on the Autonomy-Paternalism Debate
Simon Deakin
7 Autonomy and Paternalism from a Common Law Perspective: Setting Aside Disadvantageous Transactions
Stephen Waddams
8 Informing Consumers about Themselves
Oren Bar-Gill and Franco Ferrari
9 Forms of Imposed Protection in Legal History, Especially in Roman Law
Laurens Winkel
