Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of moral, political, and economic values. The contributions in this collection deal with the task at both general and specific levels, locating itself within the broader context of the relationship between law and market forces. Concepts are defined and analyzed, in particular the distinction between the coercive approach of -hard paternalism- in the law and the 'nudge' approach of -soft paternalism.- Attention is then focused on how the tensions...
Selecting an appropriate balance in the law between autonomy and paternalism is an important and difficult task, requiring a careful consideration of ...
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as...
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to...
