Purnhagen, K., & Reisch, L.Nudging Germany? Challenges for Behavioural Regulation in Germany

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Purnhagen, K., & Reisch, L.

Release date: 

Juli 2015 

Wageningen Working Papers in Law and Governance 9/2015

Since 2015 behavioural scientists investigate at the German chancellery how one could regulate better. This piece illustrates the background of this new strategy and possible concequences for regulation and Rechtswissenschaft in Germany. First, the concept of behaviourally informed regulation, which is increasingly acknowledged in regulatory domains, is discussed (II). Thereafter in a comparative perspective it is shown which results were yielded by similar developments in the USA and UK (III). Based on these experiences  the possible impact of such a behavioural insights team on the German law and the German regulation is estimated (IV). The authors then scatch some of the challenges for the German Rechtswissenschaft, for example how behaviourally informed regulation can be held compatible with fundamental rigths or the Rechtsgeschäftslehre (V.). The authors then conclude their results (VI.).

The publication can be found here.