Paternalism in Private Law
Juristenzeitung (JZ), 269 et seqq. (2020)
20 Pages Posted: 22 Dec 2021 Last revised: 19 May 2023
Date Written: March 1, 2020
Paternalism is deeply rooted in the German legal system, especially in private law. Hard, soft, and mixed paternalism, in combination with other motives, restrict private autonomy and therefore raise the traditional question of legitimacy.
Keywords: paternalism, private law, behavioral law, behavioral economics, private autonomy, human dignity
JEL Classification: D81, K00, K1, K40
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