Nudging - Possibilities, Limitations and Applications in European Law and Economics

This anthology highlights the theoretical foundations and the various applications of nudging in European legal culture. It deals with the opportunities and problems faced by European law traditions when applying this instrument in specific legal fields. Nudging is an instrument to influence human behaviour without forcing them because they can opt out, making it a kind of soft, or so-called Libertarian Paternalism. The book examines the many questions and issues raised by this. It explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for de-biasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. It goes on to determine to what extent the state should protect human beings from themselves. It provides answers to the questions of whether an increase in guidance will lead to a decrease in self-reliance, what the benefits of wrong decisions are, and what the role of the legislator is. In addition to providing answers, the book demonstrates multiple possible applications of nudging.?