Research Methods in Consumer Law
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 9: Behavioural innovations in marketing law

Jan Trzaskowski


The purpose of this chapter is to present and discuss consumer protection aspects of laws concerning marketing in light of the ‘behavioural turn’ with a view to suggest how behavioural sciences may be used to reconstruct this legal field – and to provide inspiration for further research. First, the law concerning unfair commercial practices is introduced, including in particular ‘the average consumer’ and ‘professional diligence’. These two normative abstractions are hereafter discussed in light of revelations within behavioural sciences (the behavioural turn) and by taking developments in marketing into account. Basically, the idea is to discuss how empirical evidence corresponds with and may affect marketing law. This includes how and to what extent behavioural sciences can be used to draw the fine line between legitimate influence and illegal distortion of consumers’ economic behaviour. Finally, the chapter includes a discussion of law’s role and possible contribution to defining the proper level of consumer protection, including the delicate balancing between paternalism and the consumer’s right to self-determination

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.