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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Research Methods in Consumer Law: A Handbook

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Edited by: Hans-W. Micklitz, Anne-Lise Sibony, Fabrizio Esposito

ISBN13: 9781785366604
To be Published: December 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £150.00



European consumer law seeks to ensure that consumers receive sufficient information about goods and services, are not subject to unfair contract clauses or unfair commercial practices, and have the means to redress grievances. This Handbook specifically considers the impacts of different disciplines and methods as it presents the state of the art in consumer law research and in particular offers intriguing new insights from behavioural science.

Research Methods in Consumer Law shows how different lenses help to highlight under-researched areas of consumer law and engage with current debates in order to suggest pertinent legal reforms. Rules meant to protect consumers are often premised on the fact that small print is read, understood and acted upon. Acknowledging that this is rarely the case, the expert contributors offer new perspectives, informed by the study of how real people behave and paying careful attention to methodology.

Offering the tools to engage in promising and socially useful legal research, this Handbook will appeal to students and scholars across the fields of law and behavioural science, as it offers a fresh look at the relation between EU consumer law and other disciplines oriented to solving practical problems.

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Subjects:
Consumer Law
Contents:
1. The Bright and Adventurous Future of Consumer Law Research
Hans-W. Micklitz, Anne-Lise Sibony, Fabrizio Esposito

Part I Foundations of Behavioural Consumer Legal Research
2. Conceptual Foundations For a European Consumer Law and Behavioural Sciences Scholarship
Fabrizio Esposito
3. Nudging and Autonomy. A Philosophical and Legal Appraisal
Philipp Hacker
4. Rational Choice and Behavioural Approaches to Consumer Issues
Fernando Gómez Pomar1 and Mireia Artigot Golobardes

Part II Advances in Behavioural Consumer Legal Research
5. The role(s) of Empirical Research in Consumer Law and Consumer Law Scholarship
Anne-Lise Sibony
6. US behavioural consumer research
Franziska Weber
7. Who Calls the Tune? Stock Taking of Behavioural Consumer Protection in Europe
Joasia Luzak
8. Regulatory Validity
Kai Purnhagen
9. Behavioural Innovations in Marketing LawProfessor
Jan Trzaskowski
10. A Behavioural Perspective on Consumer Finance
Genevieve Helleringer

Part III Insights From Broader Perspectives
11. How Behavioural Research Has Informed Consumer Law: The Many Faces of Behavioural Research
Michiru Nagatsu and Magdalena Małecka
12. What Is the ‘Social’ in Behavioural Economics? The Methodological Underpinnings of Governance by Nudges
Sabine Frerichs
13. Behavioural Analysis and Socio-legal Research – Is Everything Architecture?
Florian Möslein
14. Behavioural Analysis and Comparative Law – Improving the Empirical Foundation for Comparative Legal Research
Giesela Rühl
15. The Politics of Behavioural Economics of Law
Hans-W. Micklitz

Index