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The Behavioural Law and Economics of the Precautionary Principle in the EU and Its Impact on Internal Market Regulation

Title data

Purnhagen, Kai:
The Behavioural Law and Economics of the Precautionary Principle in the EU and Its Impact on Internal Market Regulation.
In: Journal of Consumer Policy. Vol. 37 (2014) Issue 3 . - pp. 453-464.
ISSN 1573-0700
DOI: https://doi.org/10.1007/s10603-014-9261-5

Official URL: Volltext

Abstract in another language

The precautionary principle contributes to “the social” of internal market regulation as it counterbalances the loss aversion and availability bias of regulators who may too hastily endorse measures based to further the fundamental freedoms instead of fundamental rights and environmental protection. The precautionary principle also enhances the regulatory power of the European Union. By way of regulating via the precautionary principle, EU institutions pretend to have answers to citizen’s fears. These fears result from a crisis of causality, as society is trying to find a meaning to what sometimes appears as a series of patternless events. The EU legal order takes advantage of these effects. It creates an image of being able to cope with these fears, although it is rather questionable whether they really can live up to these expectations.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties > Faculty of Engineering Science
Faculties > Faculty of Life Sciences: Food, Nutrition and Health
Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law
Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law > Chair Food Law - Univ.-Prof. Dr. Kai Purnhagen
Profile Fields > Emerging Fields > Food and Health Sciences
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Lebensmittelrecht
Result of work at the UBT: No
DDC Subjects: 300 Social sciences
300 Social sciences > 300 Social sciences, sociology and anthropology
300 Social sciences > 320 Political science
300 Social sciences > 330 Economics
300 Social sciences > 340 Law
Date Deposited: 22 Jun 2020 09:29
Last Modified: 22 Jun 2020 09:29
URI: https://eref.uni-bayreuth.de/id/eprint/55565