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This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost (“expected utility theory”). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) unbounded willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics.

Law. --- Theories of Law, Philosophy of Law, Legal History. --- Law and Economics. --- Law and Psychology. --- Civil Law. --- Fundamentals of Law. --- Civil law. --- Commercial law. --- Law --- Droit --- Droit civil --- Droit commercial --- Psychological aspects. --- Aspect psychologique --- Law_xPsychological aspects. --- Law, Politics & Government --- Philosophy & Religion --- Philosophy --- Law, General & Comparative --- Law and economics --- Psychological aspects --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Law and economics. --- Psychology. --- Philosophy. --- Jurisprudence --- Legislation --- Economics --- Business Law. --- Law, Civil --- Private law --- Roman law --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law merchant --- Maritime law --- Psychology --- Law and legislation --- Law—Philosophy. --- Behavioral sciences --- Mental philosophy --- Mind --- Science, Mental --- Human biology --- Soul --- Mental health

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Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so? The present volume is devoted to these questions. In Part One, “Law and Economics”, the role of economic analysis and efficiency in law is examined more closely. Part Two, “Law and Sustainability”, engages with the themes of sustainable development and justice to future generations. Finally, Part Three, “Law, Economics and Sustainability”, addresses the interrelationships between the different aspects.

Environmental ethics. --- Environmental law. --- Law and economics. --- Sustainable development -- Law and legislation. --- Sustainable development. --- Philosophy & Religion --- Law, Politics & Government --- Philosophy --- Law, General & Comparative --- Sustainable development --- Law and legislation. --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Law. --- Law --- Climate change. --- Environmental policy. --- Environmental economics. --- Theories of Law, Philosophy of Law, Legal History. --- Environmental Law/Policy/Ecojustice. --- Law and Economics. --- Climate Change. --- Environmental Economics. --- Philosophy. --- Environment law --- Environmental control --- Environmental protection --- Environmental quality --- Environmental policy --- Economics --- Jurisprudence --- Law and legislation --- Human ecology --- Ethics --- Law and economic development --- Environmental law --- Development, Sustainable --- Ecologically sustainable development --- Economic development, Sustainable --- Economic sustainability --- ESD (Ecologically sustainable development) --- Smart growth --- Sustainable economic development --- Economic development --- Moral and ethical aspects --- Environmental aspects --- Climatic changes. --- Changes, Climatic --- Changes in climate --- Climate change --- Climate change science --- Climate changes --- Climate variations --- Climatic change --- Climatic changes --- Climatic fluctuations --- Climatic variations --- Global climate changes --- Global climatic changes --- Climatology --- Climate change mitigation --- Teleconnections (Climatology) --- Economic aspects --- Law—Philosophy. --- Environment and state --- Environmental management --- State and environment --- Environmental auditing --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Government policy --- Global environmental change

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This anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.

Political philosophy. Social philosophy --- Politics --- Commercial law --- Commercial law. Economic law (general) --- Law --- politieke wetenschappen --- handelsrecht --- recht --- economisch recht

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Die Nachhaltigkeitsdebatte hat einen gesellschaftlichen Lernprozess angestoßen, der den Blick auf die Zukunftsfähigkeit unserer Wirtschaft und Gesellschaft richtet. Mit seiner interdisziplinären Studie leistet Klaus Mathis einen wichtigen Beitrag, um diesen Lernprozess weiter voranzutreiben.

Umweltrecht --- Gerechtigkeit --- Umwelt --- Nachhaltigkeit --- Zukünftige Generationen --- Rechtsphilosophie --- Verfassungsrecht und Staatslehre --- Völkerrecht, Europarecht --- Wirtschaftsordnung, Wirtschaftspolitik

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This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics.Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others.This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.

Civil law. --- Civil law --- Law and economics. --- Law --- Fundamentals of Law. --- Law and Economics. --- Law and Psychology. --- Civil Law. --- Law, Civil --- Private law --- Roman law --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Psychological aspects. --- Psychology --- Law—Philosophy. --- Law. --- Psychology. --- Behavioral sciences --- Mental philosophy --- Mind --- Science, Mental --- Human biology --- Philosophy --- Soul --- Mental health --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation