Abstract
This Article explores which tools the legal system should use to promote pro-social behaviour in the face of the COVID-19 pandemic. More specifically, the Article compares nudges (i.e., choice-preserving, behaviourally informed tools that encourage people to behave as desired) and mandates (i.e., obligations backed by sanctions that dictate to people how they must behave), and it argues that mandates rather than nudges should serve in most cases as the primary legal tool used to promote risk reduction during a pandemic. The Article nonetheless highlights the role nudges can play as complements to mandates, and surveys numerous nudges that were used by regulators around the world.
Original language | English |
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Title of host publication | Economic Analysis of Law in European Legal Scholarship |
Publisher | Springer Nature |
Pages | 3-30 |
Number of pages | 28 |
DOIs | |
State | Published - 2022 |
Publication series
Name | Economic Analysis of Law in European Legal Scholarship |
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Volume | 13 |
ISSN (Print) | 2512-1294 |
ISSN (Electronic) | 2512-1308 |
Bibliographical note
Publisher Copyright:© 2022, The Author(s), under exclusive license to Springer Nature Switzerland AG.
Keywords
- Behavioural economics
- COVID-19
- Compliance
- Nudge
- Social norms