Consumer law: The first Fifty Years
In: Zeitschrift für europäisches Unternehmens- und Verbraucherrecht: euvr = Journal of European consumer and market law, Band 1, Heft 4, S. 209-211
ISSN: 2191-3420
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In: Zeitschrift für europäisches Unternehmens- und Verbraucherrecht: euvr = Journal of European consumer and market law, Band 1, Heft 4, S. 209-211
ISSN: 2191-3420
SSRN
Working paper
This chapter examines the roles of empirical research in consumer law. It does so form a contemporary perspective, taking into account the increased recourse to empirical data both in legal scholarship and in policy-making in conjunction with the behavioural turn. It addresses primarily legal researchers educated in a doctrinal tradition who take an interest in consumer law and are considering adding an empirical dimension to their work or want to incorporate empirical work among the sources they use. In this perspective, part 1 offers a typology of legal questions and discusses how each relates to empirical issues. A distinction is drawn between internal legal questions (questions about how rules relate to one another) and external legal questions (questions about law and the world). It is shown that, while external legal questions about effectiveness and efficiency of rules present a natural affinity with empirics, internal legal questions can also have an empirical component. Taking examples in consumer law, the chapter illustrates that empirical issues lie in the midst of questions about validity, proportionality of interpretation of rules. Section 1 also highlights the particular interest of one type of external legal question for empirical research, besides issues of effectiveness and efficiency, namely reality-check questions, which confront implicit behavioural claims embedded in the law with what is known of consumer behaviour (or indeed firms' behaviour). Part 2 reviews an illustrative selection of recent empirical work, which, strikingly, all pertain to external legal questions. It characterises the use of data in legal argument as rhetorical and illustrates this claim with two series of examples. Legal discourse based on data with express a critique of existing legal regimes provide the most striking illustrations. The rhetorical intensity recedes in reflexion about policy inception and fine-tuning of policy-interventions. Yet, all the examples show that lawyers only ever use data to make arguments. Turning to enforcement of consumer law, a recent trend in the literature advocates more data-intensive enforcement methods. Such proposals, along with substantive and procedural questions raised by algorithmic powered commercial practices provide rich perspectives for further research outlined in section 3.
BASE
This chapter examines the roles of empirical research in consumer law. It does so form a contemporary perspective, taking into account the increased recourse to empirical data both in legal scholarship and in policy-making in conjunction with the behavioural turn. It addresses primarily legal researchers educated in a doctrinal tradition who take an interest in consumer law and are considering adding an empirical dimension to their work or want to incorporate empirical work among the sources they use. In this perspective, part 1 offers a typology of legal questions and discusses how each relates to empirical issues. A distinction is drawn between internal legal questions (questions about how rules relate to one another) and external legal questions (questions about law and the world). It is shown that, while external legal questions about effectiveness and efficiency of rules present a natural affinity with empirics, internal legal questions can also have an empirical component. Taking examples in consumer law, the chapter illustrates that empirical issues lie in the midst of questions about validity, proportionality of interpretation of rules. Section 1 also highlights the particular interest of one type of external legal question for empirical research, besides issues of effectiveness and efficiency, namely reality-check questions, which confront implicit behavioural claims embedded in the law with what is known of consumer behaviour (or indeed firms' behaviour). Part 2 reviews an illustrative selection of recent empirical work, which, strikingly, all pertain to external legal questions. It characterises the use of data in legal argument as rhetorical and illustrates this claim with two series of examples. Legal discourse based on data with express a critique of existing legal regimes provide the most striking illustrations. The rhetorical intensity recedes in reflexion about policy inception and fine-tuning of policy-interventions. Yet, all the examples show that lawyers only ever use data to make arguments. Turning to enforcement of consumer law, a recent trend in the literature advocates more data-intensive enforcement methods. Such proposals, along with substantive and procedural questions raised by algorithmic powered commercial practices provide rich perspectives for further research outlined in section 3.
BASE
In: in M. Scholten (ed.) Research Handbook on the Enforcement of EU Law (Cheltenham–Northampton: Edward Elgar Publishing, 2023), 349-363
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In: Journal of European Consumer and Market Law (EuCML) 1-2/2015, 12
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In: European review of contract law: ERCL, Band 1, Heft 3
ISSN: 1614-9939
In: Journal of Consumer Policy (Forthcoming)
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In: CONSUMER LAW AND POLICY IN AUSTRALIA AND NEW ZEALAND, J. Malbon and L. Nottage, eds, Federation Press, Australia, 2013
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In: Paakat: revista de tecnología y sociedad, Band 12, Heft 23, S. 1-8
ISSN: 2007-3607
Although digital commerce is experiencing vigorous and significant growth, it is clear that physical or face-to-face purchases will not disappear, and that they will have to coexist with virtual ones. Considering this scenario, the monograph under review deals, as its title itself makes clear, with the rights of consumers in the digital environment. The work provides a vision from the point of view of the consumer, of the citizen who acquires a contractual link with a click, by virtue of electronic means.
In: Australian Journal of Competition and Consumer Law, Forthcoming
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In: Columbia Journal of European Law, Band 27, Heft 2
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In: Internationalization of Consumer Law; SpringerBriefs in Political Science, S. E1-E1