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Robert Lepenies and Magdalena Małecka

Behavioural policy solutions pose challenges for politics, the law and science. These very broad charges will be sustained through a series of sketched arguments that criticize the intellectual foundation, political implementation, and democratic compatibility of the behaviour change agenda. These arguments take the form of what we call an institutionalist perspective on behaviour change, which attempts to defend the societal value of the areas under investigation. First, behavioural change instruments undermine the normative function of the law. Second, behaviour change, as a technocratic project, removes normativity from the political sphere by circumventing public deliberation. Third, behaviour change, as a movement that aims to bring science to policy, relies on a simplistic view of science which might jeopardize both: science and policy. We propose remedies for each of the difficulties and tensions we diagnose.

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Michiru Nagatsu and Magdalena Małecka

In this chapter we outline a history of various strands of behavioural research pertaining to consumer behaviour. We first look at the current field of consumer behaviour research qua a sub-discipline of marketing. This discussion reveals the multidisciplinary nature of the field, which leads us next to the history of general trends in psychology that exert influences on many disciplines, and then to more specific developments in behavioural research at the intersection of economics and psychology. In the final section we review how these strands of behavioural research have been taken up by legal scholars at various points in history.