Nudging: a Lawyer’s Problem?

Modifying choice architectures is highly contoversial as a regulatory tool in continental Europe – particularly among lawyers. Where does this scepticism come from? Legal scholar Emanuel Towfigh and economist Christian Traxler suspect the reason to be a methodological rather than a substantial one: Nudging appears to be orthogonal to the categories of conventional legal thinking in continental Europe. We put this provocative position up for debate in the second round of the nudging debate on Verfassungsblog.