Document Type
Article
Publication Date
2022
Publication Information
18 Rev. L. & Econ. 223 (2022)
Abstract
This article examines the law and economics of behavioral regulation (“nudging”), which governments and organizations increasingly use to substitute for and complement traditional instruments. To advance its welfare-based assessment, Section 1 examines alternative nudging definitions and Section 2 considers competing nudges taxonomies. Section 3 describes the benefits of nudges and their regulatory appeal, while Section 4 considers their myriad costs—most notably the private costs they generate for their targets and other market participants. Section 5 then illustrates the assessment of public and private welfare nudges using cost-benefit analysis, cost-effectiveness analysis, and rationality-effects analysis.
Recommended Citation
Avishalom Tor,
The Law and Economics of Behavioral Regulation,
18 Rev. L. & Econ. 223 (2022).
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1496
