Freedom of Contract and Paternalism

A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.

"Freedom of Contract and Paternalism is an 'interference with individual autonomy that aims at protecting or promoting the interests of the individual.' Does it represent a case of soft paternalism? You do not have to read it but is in your interest to read it. It is a very important book." - Manfred J. Holler, professor, University of Hamburg

"Freedom of Contract and Paternalism combines insights from philosophy, economics and behavioral economics and applies them to resolve some of the most controversial questions in contract law, consumers' law, regulation and other fields of law and policy. It is an important contribution illustrating the power of the interdisciplinary methodology. It will be of great importance to philosophers, lawyers and policy-makers interested in regulation, its limitations and its impact on autonomy and welfare." - Alon Harel, Phillip P. Mizock and Estelle Mizock Chair in Administrative and Criminal Law, Hebrew University

Auteur

Péter Cserne is a senior lecturer in Law at the University of Hull. A lawyer and economist by training, he has published widely on legal theory, economic analysis of law, and contracts. He is the founder and convener of MetaLawEcon, an international academic network for research on the foundations of economic analysis of law.

Contenu
Table of Contents Preface 1. Introduction: Motives and Methods 2. Paternalism in Philosophy: Conceptions and Justifications 3. Paternalism in Economics: Redefinitions and the Behavioral Turn 4. Paternalism in Practice: Public Policy and Legal Design 5. Paternalism in Contract Law: Rationalization and Critique 6. Conclusion: Old and New in 'New Paternalism' Bibliography Notes Index