Behavioural Analysis and Comparative Law Improving the Empirical Foundation for Comparative Legal Research

H.-W. Micklitz, A-L Sibony and F. Esposito (eds.), Research Handbook in Consumer Law, Edward Elgar Publishing Ltd., 2018 Forthcoming

37 Pages Posted: 5 Jun 2018

See all articles by Giesela Ruhl

Giesela Ruhl

Friedrich-Schiller-University Jena

Date Written: May 23, 2018

Abstract

During the last three to four decades the ‘correct’ comparative method has become the object of an intensive debate. This debate by now also covers empirical methods that have started to ‘infiltrate’ comparative law ever since the turn of the century. Behavioural analysis, however, has not yet come into the picture. The following chapter, therefore, explores how behavioural research can be put to comparative use and sheds light on recent attempts to do so. It concludes that combining comparative and behavioural insights may further our understanding of consumers’ needs and improve our ability to design legal responses. In particular, it may help to understand why legal systems are differently designed in different countries and why the same rules may trigger different reactions in different countries. The chapter, therefore, suggests that behavioural scientists and comparative lawyers should work closely together to better understand cross-cultural consumer behaviour and the complex relationship between consumer behaviour and consumer law.

Keywords: Comparative Law, Functional Method, Behavioural Research, Cross-Cultural Empirical Studies, Comparative Law and Economic Analysis, Rational Choice, Efficiency

Suggested Citation

Ruhl, Giesela, Behavioural Analysis and Comparative Law Improving the Empirical Foundation for Comparative Legal Research (May 23, 2018). H.-W. Micklitz, A-L Sibony and F. Esposito (eds.), Research Handbook in Consumer Law, Edward Elgar Publishing Ltd., 2018 Forthcoming. Available at SSRN: https://ssrn.com/abstract=3183825 or http://dx.doi.org/10.2139/ssrn.3183825

Giesela Ruhl (Contact Author)

Friedrich-Schiller-University Jena ( email )

Faculty of Law
Carl-Zeiss-Straße 3
Jena, Thuringa 07743
Germany

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