Diritto Comportamentale ed Economia e Welfare Economico

This thesis investigates the intersection of behavioral law and economics, aiming to enhance economic welfare by integrating behavioral insights into legal frameworks and economic policies. Traditional law and economics, grounded in rational choice theory, assumes that individuals are rational actors who consistently make decisions to maximize their utility. However, empirical evidence from behavioral economics reveals that human decision-making is often influenced by cognitive biases and heuristics, leading to predictable deviations from rationality. This research aims to explore how these behavioral insights can be harnessed to improve the design and implementation of laws and policies. By examining the principles of behavioral economics, such as bounded rationality, loss aversion, and the use of heuristics, the study seeks to demonstrate the limitations of the rational choice model and highlight the potential benefits of incorporating behavioral insights into legal analysis. Methodologically, the thesis employs a multidisciplinary approach, combining theoretical analysis with empirical case studies to assess the impact of behavioral laws across various domains. Quantitative measures, such as compliance rates and economic outcomes, are complemented by qualitative assessments, including stakeholder interviews and behavioral experiments. The case studies focus on key areas where behavioral interventions have been implemented, such as consumer protection laws, tax compliance initiatives, and environmental regulations. Key findings from the research indicate that behavioral interventions can significantly enhance economic welfare by making laws and policies more attuned to actual human behavior. For instance, simplified disclosure requirements in consumer protection laws can mitigate the effects of information overload, leading to better consumer decisions. In the realm of tax compliance, timely and certain penalties have been shown to be more effective deterrents than the severity of punishment alone. Environmental regulations that incorporate behavioral nudges, such as default options for green energy, have been successful in promoting sustainable behaviors. The implications of these findings are substantial for policymakers, legal practitioners, and economists. By understanding the behavioral foundations of economic decisions, stakeholders can design more effective legal frameworks that not only improve compliance but also promote overall social welfare. This thesis contributes to the growing field of behavioral law and economics by providing empirical evidence and practical recommendations for policy innovations. For example, policymakers can leverage insights from behavioral economics to craft regulations that better account for human cognitive limitations and biases, thereby enhancing the efficacy and fairness of legal interventions. The significance of this research extends beyond the immediate findings. It suggests a paradigm shift in how laws and policies are conceived and implemented, moving away from a one-size-fits- all approach based on rational choice theory towards more nuanced strategies that reflect the complexities of human behavior. This shift can potentially foster more responsive and adaptive legal systems that are better equipped to address contemporary economic challenges.