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Juxtaposing Autonomy and Paternalism in Private Law

Editat de Professor Anthony I Ogus, Willem H. Van Boom
en Limba Engleză Paperback – 10 iul 2011
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.
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Specificații

ISBN-13: 9781849461184
ISBN-10: 184946118X
Pagini: 250
Dimensiuni: 156 x 234 x 12 mm
Greutate: 0.36 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Covers the important topic of creating a balance in the law between autonomy and paternalism.A multi-faceted study with contributions from economists and sociologists as well as traditional legal scholars.A comprehensive study which combines overviews of the issues within the general law of ocntract with historical studies of the relevat principles in common and Roman law.

Notă biografică

Anthony Ogus is Emeritus Professor at the University of Manchester and Erasmus Professor of Fundamentals of Private Law, Erasmus School of Law, Rotterdam. Willem H van Boom is Professor of Law at Erasmus School of Law, Rotterdam.

Cuprins

1 Introducing, Defining and Balancing 'Autonomy versus Paternalism' Willem H van Boom and Anthony Ogus2 Mandatory Contract Law: Functions and Principles in Light of the Proposal for a Directive on Consumer Rights Gerhard Wagner3 The Role of Information Deficiencies in Contract Enforcement Ann-Sophie Vandenberghe4 Consumer Bankruptcy: A Third Way Between Autonomy and Paternalism in Private LawNick Huls5 Regulating Consumer Demand in Insurance MarketsDaniel Schwarcz6 Contracts and Capabilities: An Evolutionary Perspective on the Autonomy-Paternalism Debate Simon Deakin7 Autonomy and Paternalism from a Common Law Perspective: Setting Aside Disadvantageous Transactions Stephen Waddams8 Informing Consumers about Themselves Oren Bar-Gill and Franco Ferrari9 Forms of Imposed Protection in Legal History, Especially in Roman Law Laurens Winkel

Descriere

This book deals with the task of selecting an appropriate balance in the law between autonomy and paternalism at both general and specific levels.