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Micklitz, Hans-W. --- "The politics of behavioural economics of law" [2018] ELECD 1303; in Micklitz, Hans-W.; Sibony, Anne-Lise; Esposito, Fabrizio (eds), "Research Methods in Consumer Law" (Edward Elgar Publishing, 2018) 513

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 15

Section Title: The politics of behavioural economics of law

Author(s): Micklitz, Hans-W.

Number of pages: 44

Abstract/Description:

Hans-W. Micklitz searches for the politics of behavioural economics of law. This implies a need to place behavioural law and economics into context – historically, politically, philosophically, theoretically and methodologically. The overall argument is that it is economic efficiency that stands predominantly behind behavioural law and economics, insinuates a value change away from the social and from the role of law, affects the autonomy of the individual and disconnects her from the society. Behavioural law and economics is more than a research tool; it is a normative theory if not a social theory. Therefore, the politics of behavioural law and economics can and should be read as a first attempt to formulate a critical theory on the behavioural analysis of law that reduces law to economic efficiency and cognitive psychology, forgetting about the sociology of law. Only an opening towards the society and the sociology of law – this is the conclusion – can demonstrate the added value of behavioural law and economics.