False Promises? A Sociological Critique of the Behavioural Turn in Law and Economics

Economic bestsellers like Freakonomics and Nudge that mainly address outsiders of the economic discipline are also consumed by lawyers. The latter has already become an important reference in the field of consumer law and policy. In principle, this is nothing to complain about but part of law’s encounter with science, namely the social sciences. Notably, the law and economics movement proved successful in importing economic perspectives into legal discourse. However, it would seem questionable if the law followed each trend on the academic book market. While there has been an increasing emphasis on economic perspectives at the expense of sociological perspectives within the field of law, economy, and society, a major shift can now also be observed in the field of law and economics. With the behavioural turn in law and economics, homo oeconomicus seems to be transformed into Homer Economicus, and consumer law prone to be Simpsonized. In this paper, the turn from neoclassical law and economics to behavioural law and economics will be analysed from a third, namely sociological perspective: the economic sociology of law. In this framework, it is possible to compare and confront the “old” homo oeconomicus rationalis and the “new” homo oeconomicus behaviouralis with a third model—homo oeconomicus culturalis—which demonstrates the limits of the previous models, not least with regard to explaining the recent financial crisis. While governance by nudges might look, at first sight, as a tempting idea, I will question the normative side of this project and emphasize its possible effects on our legal culture and, thereby, our human condition.     

Far from Eye,Far from Heart: Analysis of Graphical Decision Aids in Electronic Negotiation Support

Information is probably the most relevant element upon which decision makers base their judgments. Empirical evidence has demonstrated that the way information is presented inevitably influences human cognition and, consequently, the (electronically supported) decision making process. Presently, we lack an analytical approach of studying graphical decision aids implemented in electronic negotiation support systems (NSS). Therefore, the aim of this paper is to identify relevant factors for graphical decision aids in NSS, which provides negotiators with an analytical support approach. Secondly, based on a developed framework, we intend to categorize and analyze existing and newly developed graphical decision aids. Last, we develop research propositions showing avenues for future investigations in the field of graphical decision aids.     

Hypothermie bei Schlaganfall

Neue Therapieform für die Akutphase — Die M?glichkeiten, Patienten, die einen isch?mischen Schlaganfall erlitten haben, zu behandeln sind begrenzt. Wissenschaftler untersuchen daher, ob das Unterkühlen der Patienten in der Akutphase die überlebensrate verbessern und das Risiko lebenslanger Behinderung reduzieren kann.     

Data-Driven Phase Analysis of E-negotiations: An Exemplary Study of Synchronous and Asynchronous Negotiations

In this empirical study, we present a new method for analyzing coded and categorized data of negotiation protocols. By applying a data-driven identification of negotiation phases we are able to identify endogenous dynamics of negotiation processes and to combine advantages of both, episodic and stage models of phase analysis. We present an exemplary study in which we compare processes of synchronous and asynchronous electronic negotiations. This analysis shows that, while synchronous negotiations follow a phase model similar to sequential stage models as discussed for face-to-face negotiations, asynchronous negotiations show less evidence of such a structure.     

‘Homesick tourism’: memory,identity and (be)longing

‘Homesick tourism’ commonly refers to the travel of Germans who visit their former homes in what is now Poland and other Eastern European countries, from which they were expelled in the wake of the second World War. The paper first differentiates homesick tourism from related types, with which it is often conflated, notably roots tourism, personal heritage tourism and migrant return travel. Drawing on travel reports written by German homesick tourists, the role of memory is identified as the defining criterion. It is shown that homesick tourists are characterised by a unique ‘tourist gaze’. Such clear definition and differentiation are useful in order to better understand and analyse the homesick tourism phenomenon, because homesick tourism is arguably a much wider international phenomenon, albeit unrecognised and sometimes politically contested. Much can be learnt from the German experience in this regard. As the homesick tourism phenomenon is soon going to be over, due to the passing of the survivor generation, the paper ends with the suggestion that Poland is in an ideal position to develop a genuine form of roots tourism targeted at future German tourists.     

On the nature and magnitude of cost economies in hog production

In this article, we assess the impact of farm size on production cost and evaluate the marginal costs and margins by considering that input prices may change with the scale of production. By using French hog farm data, we estimate a system of equations including a feed price function, input demand functions, and an output supply function based on a technology approximated by a combined generalized Leontief‐Quadratic form. Our results suggest that the marginal costs are over‐estimated when the adjustment of the feed unit prices to a change in farm size is not controlled for. More specifically, the cost economies for large farms (enjoying the highest profits) arise primarily from lower feed prices, with technological scale economies having little impact. In contrast, farms with no hired labor exhibit technological scale economies and reach higher price‐cost margins compared to larger farms.     

Outlet patronage in on-the-go consumption: An analysis of patronage preference drivers for convenience outlets versus traditional retail outlets

This study investigates patronage preferences of consumers who purchase and consume food and beverages while they are on-the-go (on-the-go consumption). The focus is on the drivers of patronage preferences for convenience outlets versus traditional retail outlets. A literature based model of patronage preferences is developed in this paper. It is tested based on data collected from a Dutch online sample (n=669) through binary logistic regression. The results reveal that significant relationships exist between patronage preferences in on-the-go consumption and the assortment offered as well as the opportunity to consume products without effort. Moreover, significant relationships between patronage preferences and consumers' time pressure as well as their health orientation exist. Consumers' income and their place of residence allow for limited inferences only. Based on the findings managerial recommendations are developed and avenues for further research are pointed out.     

Real and nominal convergence in the central and east European accession countries

Following their accession to the EU, which is planned for May 2004, eight central and east European countries will subsequently strive for integration into the Eurosystem. The Eurosystem underlines the need for simultaneous real and nominal convergence as a prerequisite for integration into the euro area. But some of the acceding countries argue that, at least in the short to medium term, a strengthening of nominal convergence makes real economic convergence more difficult. The following paper investigates this issue by means of an empirical study and attempts to establish to what extent real and nominal convergence are compatible.