Description
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.
Table of Contents
Table of Contents Preface 1. Introduction: Motives and Methods 2. Paternalism in Philosophy: Conceptions and Justifications 3. Paternalism in Economics: Redefinitions and the Behavioral Turn 4. Paternalism in Practice: Public Policy and Legal Design 5. Paternalism in Contract Law: Rationalization and Critique 6. Conclusion: Old and New in 'New Paternalism' Bibliography Notes Index
