The Impact of Behavioral Economics on the Law: Introduction

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Christoph Engel

Abstract Adopting the paradigms, findings and tools of behavioral economics has opened a promising avenue for legal research. This article sketches the broader framework within which the papers assembled in this special issue may be placed.

2018 ◽  
Vol 10 (1) ◽  
pp. 17-35
Author(s):  
Robert Lee ◽  
Radek Stech

Purpose This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of compensation, introduced by the Order, evaluating the extent to which these draw upon EU law structures for environmental impairment liability. Again, it questions whether this approach will achieve sufficient clarity and certainty. Design/methodology/approach This paper is a desk-based legal research. Findings This study is a discussion of statutory material and case law. Originality/value This paper is a first in-depth treatment of changes to liability principles in the Nuclear Installations Act 1965.


2020 ◽  
Vol 7 (3) ◽  
pp. 211
Author(s):  
Haingo Rabarijaona ◽  
Devina Arifani

This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.


2015 ◽  
Vol 44 (3) ◽  
pp. 372
Author(s):  
La Sina

Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda


2021 ◽  
Vol 6 (22) ◽  
pp. 85-94
Author(s):  
Sunarsa Sunarsa ◽  
Roni Pandingan ◽  
Anggiat Marulitua Sinurat

While the efforts of the Government of Indonesia itself to establish a business, competition law has started since the 1970s. Various bills and academic texts were raised at the time, but it was only in 1998 when the economic crisis hit Indonesia, under pressure from the International Monetary Fund, talks on the formation of the law were seriously carried out, and only in 1999 was finally enacted. The birth of this law was motivated by (1) the business competition system in the new order with a pattern of power that prioritized groups and their cronies so that they could benefit from the monopoly market system, (2) Mandate of Article 33 of the 1945 Constitution, about economic democracy and (3) in anticipation of the impact of the economic crisis in Indonesia in 1998. This research was conducted in order to explore the actual evidence regarding the weaknesses and emptiness of the law in Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and their impact, and the establishment of the Business Competition Supervisory Commission (KPPU) as a legal institution that functions as an institution that controls community behavior in the economic field based on Article 33 Paragraph (4) of the 1945 Constitution and business world practices in accordance with the objectives and applicable legal norms. This research uses normative legal research, the emphasis is on literature study with legal research focused on studying the application of the rules legal norms or norms in positive law. The focus of the discussion is on a juridical study of the position of the KPPU Institution in the Indonesian constitutional system. The approach method is the content analysis method, to describe the material legal events or other legal products, in order to facilitate interpretation in the discussion. From the results of this study, it is hoped that the facts that Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, which is currently in force can be proven to be true that there are still weaknesses and legal vacuum so that the law has not been able to meet the demands.


NORMA ◽  
2021 ◽  
Vol 17 (3) ◽  
pp. 33
Author(s):  
Ervin Kusuma Winata

Economic globalization in the last decade is developing very fast, the business world is always moving dynamically, business people are always looking for breakthroughs in growing their businesses one of which is a franchise system with the principles contained in the franchise agreement, but many companies are stalled due to co-19 virus pandemic so entrepreneurs must innovate and restructure to support the business. This is empirical legal research. The result of this paper is that principle of franchising is a pillar in a franchise agreement, and the parties in the franchise agreement have adhered to this agreement so that both parties need to fulfil these principles, due to the law that occurs due to a pandemic is a corporate restructuring and temporary agreement changes. The franchisor must think of regulations that benefit the franchisee with little risk. In restructuring the company and agreements, the franchisor must accurately measure the impact of the covid-19 pandemic on the franchisees' outlets.Keywords: franchising, principles, restructuring


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Thomas J. Miceli ◽  
Kathleen Segerson

Abstract Behavioral economics has highlighted the impact of various biases on economic outcomes. This essay reviews how biases have been incorporated into economic models of the law and the resulting implications for the assessment of different legal rules and policies. It focuses on two contexts. The first concerns biases that affect consumer purchases of risky products. Using a standard accident model that incorporates various forms of consumer bias, we discuss how bias can affect the efficient assignment of liability for product-related accidents. The second context concerns biases that affect the administration of law, particularly regarding the adjudication of guilt, the lawmaking function of trials, and criminal sentencing. We examine procedural rules like precedent and sentencing guidelines, both of which are aimed at curtailing judicial bias.


2016 ◽  
Vol 44 (3) ◽  
pp. 372 ◽  
Author(s):  
La Sina

Speaking of corruption is being aggressively reviled by various circles of society , people no longer trust law enforcement corruption . With a variety of reasons escape corruption charges. Is this making people more amused components against corruption . Born as a result of the impact of corruption is very dangerous , one of which the decline of the national economy . Anti-corruption efforts solely through the prosecution of corruption , whereas the present moment awareness need everyone to obey the law of corruption .The perpetrators of corruption in Samarinda always hide behind the policies and provisions contained in the legislation governing the authority of an agency or official , so as though everything is a discretionary authority .This type of research used in this paper is an empirical legal research methods with qualitative approach to analyze the data that refers to the rules and regulations perudang . So as to obtain an overview of the impact of corruption in public life , analyze and formulate on law enforcement corruption , and to analyze the factors that affect the law enforcement corruption in the city of Samarinda


Author(s):  
Endy Gunanto ◽  
Yenni Kurnia Gusti

In this article we present a conceptual of the effect of cross culture on consumer behavior incorporating the impact of globalization. This conceptual idea shows that culture inûuences various domains of consumer behavior directly as well as through international organization to implement marketing strategy. The conceptual identify several factors such as norm and value in the community, several variables and also depicts the impact of other environmental factors and marketing strategy elements on consumer behavior. We also identify categories of consumer culture orientation resulting from globalization. Highlights of each of the several other articles included in this special issue in Asia region. We conclude with the contributions of the articles in terms of the consumer cultural orientations and identify directions for future research.


2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Ninik Meiyudianti

Obligation of creditor in making report for nullification of debt in fiduciary registration office to delete the record of fiduciary object is known as liability omission (Roya). Liability omission can be done when debtor paying off all debts that is possessed to the creditor.  When liability omission (roya) is not conducted by the creditor after debtor pay off all the debt, it certainly harms  the debtor since he/she as debtor is not able to use the fiduciary object to make new credit agreement with other parties. The present research aims to elaborate and examine further about the obligation of creditor in performing liability omission toward the fiduciary object when the debtor paying off all the debts. Moreover, the present study tries to elaborate further about accountability of creditor regarding negligence in performing liability omission toward fiduciary object that has been paid off.  The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches.  The present study shows that deletion record of fiduciary object based on paying off of debts by the debtor shall be performed by the creditor. When creditor neglects in performing this act within fourteen days (14) after the repayment of debt, it can be justified as infringement of law. Moreover, creditor shall responsible to pay all losses that is experienced by the debtor.


2015 ◽  
Vol 12 (3) ◽  
pp. 181-192 ◽  
Author(s):  
Pinar Yazgan ◽  
Deniz Eroglu Utku ◽  
Ibrahim Sirkeci

With the growing insurrections in Syria in 2011, an exodus in large numbers have emerged. The turmoil and violence have caused mass migration to destinations both within the region and beyond. The current "refugee crisis" has escalated sharply and its impact is widening from neighbouring countries toward Europe. Today, the Syrian crisis is the major cause for an increase in displacement and the resultant dire humanitarian situation in the region. Since the conflict shows no signs of abating in the near future, there is a constant increase in the number of Syrians fleeing their homes. However, questions on the future impact of the Syrian crisis on the scope and scale of this human mobility are still to be answered. As the impact of the Syrian crisis on host countries increases, so does the demand for the analyses of the needs for development and protection in these countries. In this special issue, we aim to bring together a number of studies examining and discussing human mobility in relation to the Syrian crisis.


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