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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Record number 545548
Title Regulatory Validity
Author(s) Purnhagen, K.
Source In: Research Methods in Consumer Law / Micklitz, Hans-W., Sibony, Anne-Lise, Esposito, Fabrizio, Edward Elgar (Handbooks of Research Methods in Law ) - ISBN 9781785366604 - p. 276 - 295.
DOI https://doi.org/10.4337/9781785366611.00014
Department(s) WASS
Law and Governance
Publication type Peer reviewed book chapter
Publication year 2018
Abstract Behavioural forms of regulation, e.g. nudging and debiasing , increasingly take centre stage in regulatory agendas and are making their way into EU consumer law. In order to warrant for an effective implementation, findings from behavioural sciences need to conform with the regulatory context conditions of the underlying legal system and need to be fit for purpose to answer questions the law asks. Behavioural studies hence need to pass a regulatory validity test before they can be operationalised in the law. I will explain how such a regulatory validity test can work in EU consumer law. I will first illustrate the different context conditions of behavioural sciences on the one hand and of law on the other (I.). Subsequently, I will illustrate these differences on the example of a comparison of the recently commissioned behavioural science study by the European Commission on the “vulnerable consumer” and the legal requirements of the “average consumer” benchmark (II.). To overcome the shortfalls this example illustrates, I will introduce a regulatory validity test which can be applied by behavioural and legal scientist, courts, and regulators (III.). I will then conclude the findings (IV.).
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