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Juxtaposing autonomy and paternalism in private law

£29.99

Product description

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. The book is in new condition.

Item details

Condition:
Used: very good
Format:
Paperback
ISBN-10:
184946118X
ISBN-13:
9781849461184
Publisher:
Hart

Standard UK Delivery (currently free)

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About this item

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. The book is in new condition.

Condition:
Used: very good
Format:
Paperback
ISBN-10:
184946118X
ISBN-13:
9781849461184
Publisher:
Hart

Delivery & returns

This item will be dispatched to UK addresses via second class post within 2 working days of receipt of your order. Standard UK delivery is £3.95 per order, so you're only charged once no matter how many items you have in your basket. Any additional courier charges will be applied at checkout as they vary depending on delivery address.

This item will be dispatched to UK addresses via second class post within 2 working days of receipt of your order. Standard UK delivery is currently free, no matter how many items you have in your basket. Any additional courier charges will be applied at checkout as they vary depending on delivery address.

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Outside Europe: £15.00

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