For decades, consumer law has been the stepchild of the legal discipline, neither public nor private law, not classic but postmodern, not ‘legal enough’, ‘too political’, in short, a discipline at the margins, suffering from the haut goût and striving to change society through law for the ‘better’. Just like Atreyu, Frodo Baggins, Luke Skywalker, the Ghostbusters, Naruto Uzumaki, Dreamworks’ dragon trainer, and many others, consumer law is the underdog carrying the burden of saving the day. Times are changing. We are perhaps reaching the point at which the world comes to understand the real value of consumer law in a society that is dominated by and dependent on private consumption. Publishing houses and ever more numerous researchers from public and private law perspectives, working on national, European and international law are getting into what is no longer a new legal field. Now the time is ripe for a whole Handbook on Consumer Law Research which brings methodology to the fore. This first chapter pursues three aims: first, to embed consumer law research into the overall development of legal research since the rise of consumer law in the 1960s; secondly, to explain our choice to focus on the behavioural turn in consumer law research and present the range of contributions in this volume that engage with the upcoming strand of research; and thirdly, to explore how the recent attention to behavioural insights can be combined with a pre-existing body of doctrinal research and social legal research in consumer law, and outline avenues for further research.
Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito
Handbook Chapter
In Research Methods in Consumer Law
Edited by Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito
- Published:
- 28 December 2018
Collection:
Law 2018
Research Methods in Consumer Law
A Handbook
Edited by Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito
Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.
Handbook Chapter
In Research Handbook on the Ombudsman
Edited by Marc Hertogh and Richard Kirkham
- Published:
- 30 November 2018
Collection:
Law 2018
Edited by Marc Hertogh and Richard Kirkham
The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.
Monograph Chapter
In Modernising Public Procurement
Edited by Steen Treumer and Mario Comba
- Published:
- 26 October 2018
Collection:
Law 2018
Monograph Chapter
In Modernising Public Procurement
Edited by Steen Treumer and Mario Comba
- Published:
- 26 October 2018
Collection:
Law 2018
Modernising Public Procurement
The Approach of EU Member States
Edited by Steen Treumer and Mario Comba
Modernising Public Procurement offers an in-depth analysis of the recent implementation of the Public Procurement Directive. The analysis is based on the experiences of twelve Member States including the United Kingdom, Germany, France, Italy, Spain and Poland. Within this work, Steen Treumer and Mario Comba alongside first-class experts in the field of public procurement law, focus on so-called gold-plating (overimplementation) and issues where the legality of the implemented legislation is questionable.
Steen Treumer and Mario Comber
This chapter analyses the implementing legislation and the variations in the national legal systems, in section 2. The section includes analysis of preparatory works as a legal source that has proven to be of particular importance due to the substantial variations in the legal systems of the Member States. Goldplating and questionable legislation are considered in section 3 and selected issues of implementation (exclusion, competitive procedure with negotiation, contract changes) in section 4. The latter section also covers the Member States’ approach to the implementation of the recitals to the Directive. Section 5 relates to a range of provisions of the Directive that allow the Member States to implement various options and aims. Final conclusions are found in section 6
Monograph Chapter
In Modernising Public Procurement
Edited by Steen Treumer and Mario Comba
- Published:
- 26 October 2018
Collection:
Law 2018
Edited by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson
Consumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies.
Edited by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson
Handbook Chapter
In Handbook of Research on International Consumer Law, Second Edition
Edited by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson
- Published:
- 27 July 2018
Collection:
Law 2018