Consumer law and structures of thought: A comment

Conclusion Consumer law seems to be a particularly post-modern form of law. It is pluralistic, its boundaries are more a matter of academic fiat than representing natural borders, it is neither obviously a prop for thestatus quo nor an instrument of social transformation, and it is, as Bourgoignie (1991) argues, resistant to grand narratives. It does not fit neatly into traditional visions of class politics but does raise questions of class, gender, and race (see further Ramsay, 1991b). Recent theoretical work has shown greater introspection concerning the assumptions and nature of consumer law and the competing political visions of consumer protection embedded in consumer law and protection. It is important that this theoretical dialogue continue as consumerism, consumer protection, and consumer law migrate to countries of the South and Eastern Europe. If, as Frances Fukuyama (1992) argues, the consumer society is the end of history, then it suggests that research on the consumer society as a cultural, economic, political, and social form and the role of law in this society is an important theoretical problematic.The author would like to thank Reuben Hasson, Norbert Reich, David Vaver, and Toni Williams for comments on an earlier draft.     

Consumer law in Argentina and the MERCOSUR

The paper reports on the new Argentine Consumer Protection Act (CPA) which was adopted by the Parliament in 1993 but partially vetoed by the President. It aims at creating a specific system of consumer protection law, thereby extending the already existing provision of the Argentine Civil Code and special market legislation. The CPA tries to improve the position of the consumer in the marketplace and vis-à-vis public services before, during and after conclusion of a contract. It contains provisions on conciliation, access to justice, and collective redress. It attaches great importance to the establishment of consumer associations and to consumer education. Finally, the author looks at the importance of the CPA for regional integration in South America through MERCOSUR.

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Zusammenfassung Verbraucherrecht in Argentinien und der südamerikanische WirtschaftsverbundDer Beitrag berichtet über das neue argentinische Verbraucherschutzgesetz, MERCUSUR. das vom Parlament im Jahre 1993 verabschiedet wurde, gegen das aber der Präsident teilweise Einspruch erhoben hat. Dieses Gesetz strebt die Schaffung eines Verbraucherrechtes an, das über die bereits existierenden Bestimmungen des argentinischen Zivilrechtes und einzelner spezieller Marktgesetze hinausgeht. Es versucht, die Rechtsstellung des Konsumenten auf dem Markt und gegenüber öffentlichen Dienstleistungen sowohl vor, als auch während und nach Abschlu\ von Kaufverträgen zu stärken. Es enthält Regelungen zu Fragen der Schlichtung, des Rechtszuganges und der öffentlichen Rechtshilfe. Es legt starkes Gewicht auf die Entwicklung von Verbraucherorganisationen und von Verbrauchererziehung. Am Ende des Beitrages analysiert der Autor die Wichtigkeit des neuen Gesetzes für die Integration Argentiniens in den südamerikanischen Wirtschaftsverbund MERCUSUR.

     

Consumer entitlement theory and measurement

Previous studies of personality observe that a healthy individual maintains a level of entitlement. Consumer entitlement concerns the extent to which a customer expects special treatment in retail environments. To date, marketing scholars have not investigated consumer entitlement at the buyer–seller interface. This article represents an initial attempt to examine this construct in a retailing context. The development of a scale, the consumer entitlement inventory (CEI), is reported. The scale's psychometric properties were examined, with the use of an undergraduate sample ( N = 410). Antecedents and implications for consumer entitlement are discussed. © 2005 Wiley Periodicals, Inc.     

Consumer satisfaction in retail stores: theory and implications

The substitution of small retail stores by the large stores has been a topic of debate among academics, practitioners, retailers and general public, especially in the context of foreign firms entering emerging markets such as China and India. The purpose of this research is to find out the determinants of consumer satisfaction in small and large retail stores in an emerging market, with a sample from India. Data were collected using a 39‐item structured questionnaire developed by the authors. The sample consists of 225 consumers who shop at retail outlets (Convenience sample of 125 consumers from small and 100 consumers from large stores respectively). Exploratory factor analysis grouped the 39 variables into 14 factors. Further, regression analysis revealed that six of the factors (Social desirability, staff friendliness, shopping economy, shopping ambience, family shopping and deal proneness) were major predictors of consumer satisfaction as they were found to be significant at 5% level. The significance of factors such as social desirability and staff friendliness imply that many consumers prefer those typical features of small stores, which in turn results in the likely coexistence of small retail formats in spite of the entry and proliferation of large retail stores from different countries. We posit three theoretical propositions to stimulate further research in this area.     

Reflections on Consumer Law and Policy in Seychelles

Consumerism only reached Seychelles after a wave of market-liberalization reforms adopted in 2008 as a response to a dire economic crisis. Consumer law is therefore only a recent phenomenon in the country. The main sources of inspiration for Seychelles legislation are the UN Guidelines on Consumer Protection, the EU Directive on unfair contract terms, and the South African Consumer Protection Act. Policy initiatives tend to be modelled either on other small island countries or on Commonwealth countries. The formal legal framework is overall modern and in line with international guidelines. However, the article identifies two sets of challenges encountered in practice. First, local standardization efforts fail to address the matter of poor-quality products entering the market, and this lack of local capacity is insufficiently complemented by reliance on international standards. Secondly, consumers seldom rely on the adjudicatory mechanism provided by consumer laws and informal settlement mechanisms are preferred, which comes at the cost of depriving consumer law operatives of precious interpretative materials, leaving areas of legal uncertainty. While policy guidance from the political sphere would be needed, it is unclear how much attention consumer matters will receive in the medium term.     

Does legal service advertising serve the public's interest? A study of lawyer ratings and advertising practices

This article takes objective data on the quality of lawyers from two rating services and cross-tabulates the data with whether or not the lawyer advertises. The tested hypothesis that there is no relationship between the quality of a lawyer and whether or not he/she advertises is rejected. Since it appears lower quality lawyers are more prone to advertise in the Yellow Pages, there is some question as to whether legal services advertising is in the public's best interest. However, the limitations of the measures in this study and the variety of benefits that consumers derive from advertising leave significant public policy questions unanswered.     

法律科技发展和法律语言研究

法律科技成为目前科技市场和法律服务活动中备受关注的领域,法律科技中有部分技术面向法律文档,处理包括专业术语在内的语言文字。结合已有研究,法律科技对语言处理具有一定的技术的意义,同时法律语言研究对技术应用具备一定的参考价值,综上,法律语言研究在法律科技发展中具有重要意义。     

John Braithwaite: Regulation,crime, freedom; Peter Cartwright: Consumer protection and the criminal law: Law,theory, and policy in the UK

Journal of Consumer Policy -     

Reflections on Consumer Sophistication and Its Impact on Ethical Business Practice

This paper investigates consumer sophistication and its role in the development of proactive public policy. Consumer sophistication is examined in light of several historical shifts in market structure and consumer lifestyles. These shifts create market conditions that foster the emergence of a “Corporate Dilemma” in which unsophisticated consumers reward unethical business practices and punish ethical business behavior. To reduce unethical business practices in the market, this paper proposes that the optimum level of interim government intervention should be based on the level of consumer sophistication in the market.     

The CE-mark and the new European approach to product law: a system of fundamental legal safety requirements and technical specification standards

European product law consists of three parts: product liability law, a general product safety regulation and an increasing number of provisions with requirements on product group level. In recent years this third part has been revised in order to speed up the completion of the European single market. This article describes the development from the negative integration of member states’ markets to the positive integration by supranational law. The CE-mark is the symbol of the new approach to the harmonization of European product safety requirements. The modular system of conformity assessment is an important characteristic of harmonization-based product law. Advantages and disadvantages of the new European product law are discussed from the perspective of ensuring the future of the consumers’ basic right to safety in an increasingly global and therefore international market.     

Consumer expectations: a new paradigm

Business Economics - Most scholars view the expectations held by consumers to be little more than uninformed guesses. Nonetheless, research has repeatedly found a close correspondence between...     

Access to justice for consumers: A perspective from common law countries

The paper examines techniques suggested in recent times by the “access to justice” movement for overcoming the inadequacy of traditional means of consumer protection, which are very dependent upon the individual consumer's initiative and financial resources. The jurisdictions discussed are the United States, Britain, Australia, and Canada. The author first examinesclass actions. They have found recognition only in the United States, and even there, courts have begun to follow a more restrictive line. There is little reason to believe that the introduction of the institute into other jurisdictions — as recommended in Australia — will have great impact upon the consumer's position.Small claims courts have become popular, both in the United States and the other countries discussed, due to the cumbersome and expensive procedures in ordinary courts. The main deficiency of small claims courts lies in the fact that they may be used by enterprises for cheap debt collection. The procedure of awarding monetarycompensation to consumers who have experienced loss as a result of an offence — instituted by law reform in certain places — has a very limited scope. Finally, the author discussesactions by consumer organizations and agencies. They are not very frequent in common law countries, and if consumer organizations do no get public funding, such a system will hardly turn out to be adequate. In his conclusion, the author is rather skeptical of the role of the courts in the improvement of consumer protection: They have too little input from consumer quarters and they are limited to a case-by-case reasoning. Courts have only a supplementary role to play in consumer protection.     

Consumer values,the theory of planned behaviour and online grocery shopping

Taking a hierarchical value‐attitude‐behaviour approach, this study empirically tests relations of consumer personal values, attitude, social norm, perceived behavioural control (PBC) and willingness to buy groceries online. The study distinguishes three groups of consumers: consumers who have not yet bought anything on the Internet; consumers who have bought something on the Internet – but not groceries; and consumers who have bought something on the Internet – including groceries. Data were collected from an online survey of Swedish consumers (n = 1058) using self‐administered questionnaires. The findings suggest that consumers may link personal values to attitude towards online grocery buying – but also that this relation may be moderated by whether the consumer previously has carried out an online purchase or an online grocery purchase.     

Consumer Regulation Strategies: Attenuating the Effect of Consumer References in a Voting Context

Consumption cues (e.g., brands, money, and advertisements) can have powerful effects on cognition, perception, and behavior, yet how people regulate responses to such cues is not well understood. This is surprising given that consumption cues are increasingly present in nontraditional consumer contexts, such as healthcare, education, and politics. This research develops a measure of two types of consumer regulation strategies, cue‐based and budget‐based (studies 1–4), and demonstrates that these strategies influence how people respond to consumption cues in a political context (study 5). Specifically, in a study involving the 2012 American Presidential Election, priming survey participants as consumers (versus citizens) influenced both voting intentions and self‐reported voting behavior, and the newly developed consumer regulation scale was instrumental in detecting this effect. These findings suggest there may be merit in the escalating debate and concern over referring to voters as consumers.     

Consumer science: a science for sustainability

Consumers are essentially decision‐makers, with a strong influence in the product chain. Establishing sustainable global resource systems, across developed and developing nations, is dependent on finding ways to encourage consumers to prioritise environmental issues as one of the key determinants of their consumption decisions. More than this, all stakeholders in the product chain must become aware of their impacts on the psychological, social, cultural, physical and economic environments that predispose consumers to certain approaches when making consumption decisions. Conventional science has not provided the solutions for several reasons. Pure science and technology have developed according to different agendas and interests. Science has generally not been communicated in ways that allow consumers to make day‐to‐day decisions, fully informed of the implications. The barriers to genuine interdisciplinary research required to generate socially relevant solutions to the complex problems associated with traditional consumption patterns are only now being slowly overcome. Due to its interdisciplinary and integrated nature, consumer science provides a theoretical platform from which to formulate the core questions, articulated within a framework in which all stakeholders can contribute in synergistic ways to reverse the escalating rates of resource depletion, disparities of resources between groups, loss of species and pervasive pollution. There is no other discipline which offers an encompassing and integrated framework for the responsible communication of science necessary to describe the problems. Most importantly, consumer science has the capacity to research and interpret individual and social behaviour in ways which lead to innovative and effective controls to improve and sustain new standards for living on this vulnerable plant.     

Economics of Consumer Protection: Contributions and Challenges in Estimating Consumer Injury and Evaluating Consumer Protection Policy

Journal of Consumer Policy - The author examines the role of economics in consumer protection, drawing from her experience at the U. S. Federal Trade Commission (FTC), which has a dual mandate to...     

Consumer Law and the Environment: From Consumer to Citizen

This paper addresses the question of the relationship between consumer law and the protection of the environment. In contradiction to those who see the goals of consumer protection and environmental protection as being close to each other, this paper presents the relationship as one of conflict rather than one of harmony. Consumer law as an expression of the consumer society promotes goals which sometimes run counter to the environmental interest. This clearly comes to the fore when analysing the main consumer rights and their relationship to environmental issues. However, despite this basic incompatibility, the book of consumer law also contains some small stories of environmentally constructive behaviour. The telling of these good stories would require us to transcend the boundaries of traditional consumer law and to replace "the consumer" by "the citizen" who is interested not only in his own consumption but in all aspects of social life. In support of this development certain consumer law measures can be used to raise the awareness of consumers regarding environmental issues.