University of Tasmania
Browse

File(s) under permanent embargo

Intervention or empowerment - Choosing the consumer law weapon!

journal contribution
posted on 2023-05-16, 19:40 authored by Lynden Griggs
Consumer law has not attracted the same level of analysis as competition law. Given the increasing recognition and importance of consumer law, and its separation from what once was called commercial or mercantile law, it is appropriate that analysis continue on the framework for consumer research, its connection to competition law and the values that underlie legislative reform proposals. It will be shown that the transdisciplinary nature of consumer law presents particular difficulties in developing an appropriate model. At an embryonic stage, a proposal is outlined which seeks to bring together the disparate strands and ensure that future reform work can be judged against objective criteria. It is hoped that this will lead to future development with an increasing number of variables placed into the research equation. The conclusion will be made that ultimately the decision is about whether to intervene (perhaps described as hard paternalism) or simply to empower the consumer (soft paternalism).

History

Publication title

Competition & Consumer Law Journal: A Journal of Trade Practices Law

Volume

15

Pagination

111-127

ISSN

1039-5598

Department/School

Faculty of Law

Publisher

LexisNexis

Place of publication

Sydney

Rights statement

Copyright 2007 LexisNexis

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

Usage metrics

    University Of Tasmania

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC