The Politics of Behavioural Economics of Law

Abstract

Hans-W. Micklitz searches for the politics of behavioural economics of law. It implies a need to place behavioural law and economics into context – historically, politically, philosophically, theoretically and methodologically. The overall argument is that it is economic efficiency that stands predominantly behind behavioural law and economics, insinuates a value change away from the social and from the role of law, affects the autonomy of the individual and disconnects her from the society. Behavioural law and economics is more than a research tool; it is a normative theory if not a social theory. Therefore, the politics of behavioural law and economics can and should be read as a first attempt to formulate a critical theory on the behavioural analysis of law that reduces law to economic efficiency and cognitive psychology, forgetting about the sociology of law. Only an opening towards the society and the sociology of law, this is the conclusion, can demonstrate the added value of behavioural law and economics.

Keywords: sociology of law, politics of behavioural economics, value change, normative theory, social theory