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Rühl, Giesela --- "Behavioural analysis and comparative law: improving the empirical foundation for comparative legal research" [2018] ELECD 1302; in Micklitz, Hans-W.; Sibony, Anne-Lise; Esposito, Fabrizio (eds), "Research Methods in Consumer Law" (Edward Elgar Publishing, 2018) 477

Book Title: Research Methods in Consumer Law

Editor(s): Micklitz, Hans-W.; Sibony, Anne-Lise; Esposito, Fabrizio

Publisher: Edward Elgar Publishing

ISBN: 9781785366604

Section: Chapter 14

Section Title: Behavioural analysis and comparative law: improving the empirical foundation for comparative legal research

Author(s): Rühl, Giesela

Number of pages: 36

Abstract/Description:

During the past three to four decades the ‘correct’ comparative method has become the object of an intensive debate. This debate now also covers empirical methods that have started to ‘infiltrate’ comparative law ever since the turn of the twenty-first century. Behavioural analysis, however, has not yet come into the picture. The following chapter, therefore, explores how behavioural research can be put to comparative use and sheds light on recent attempts to do so. It concludes that combining comparative and behavioural insights may further our understanding of consumers’ needs and improve our ability to design legal responses. In particular, it may help to understand why legal systems are differently designed in different countries and why the same rules may trigger different reactions in different countries. The chapter, therefore, suggests that behavioural scientists and comparative lawyers should work closely together to better understand cross-cultural consumer behaviour and the complex relationship between consumer behaviour and consumer law.