Edited by Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito
Chapter 8: Regulatory validity
This chapter introduces a regulatory validity test for behavioural studies to be implemented into legal contexts using the example of European Union consumer law. It takes seriously criticism regarding a lack of legal knowledge and lack of involvement of legal expertise into behavioural policy-making and provides a solution for how to implement them. When assessing the quality of behavioural studies, in this context meaning the ‘fit for purpose’ to guide law-making and interpretation, the ‘regulatory validity’ test will ascertain that such studies can be used as indicators to support legal argumentation.
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