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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Research@WURarrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
Research@WUR
Part of book or chapter of book . 2018
Data sources: Research@WUR
SSRN Electronic Journal
Article . 2017 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.4337/978178...
Part of book or chapter of book . 2018 . Peer-reviewed
Data sources: Crossref
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Regulatory Validity

Authors: Purnhagen, K.;

Regulatory Validity

Abstract

Behavioural forms of regulation, e.g. nudging and debiasing , increasingly take centre stage in regulatory agendas and are making their way into EU consumer law. In order to warrant for an effective implementation, findings from behavioural sciences need to conform with the regulatory context conditions of the underlying legal system and need to be fit for purpose to answer questions the law asks. Behavioural studies hence need to pass a regulatory validity test before they can be operationalised in the law. I will explain how such a regulatory validity test can work in EU consumer law. I will first illustrate the different context conditions of behavioural sciences on the one hand and of law on the other (I.). Subsequently, I will illustrate these differences on the example of a comparison of the recently commissioned behavioural science study by the European Commission on the “vulnerable consumer” and the legal requirements of the “average consumer” benchmark (II.). To overcome the shortfalls this example illustrates, I will introduce a regulatory validity test which can be applied by behavioural and legal scientist, courts, and regulators (III.). I will then conclude the findings (IV.).

Country
Netherlands
Keywords

Life Science

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    popularity
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    influence
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Found an issue? Give us feedback
citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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