Ricerc@Sapienza

Legal studies have increasingly stressed the importance of assuming the centrality
of the regulatees to pursue more effective regulatory results and achieve a
broader satisfaction of general interests. Conceiving the regulated subject as an active
part of the system also means knowing and studying his behavioural responses.
The study of human behaviour belongs to the specific field of behavioural sciences
analysis, whereas the most recent paradigm of Behavioural Law and Economics is
dealing with a possible integration of such behavioural insights into regulation and
legal framework.
This paper fits in this scenario and reports the argumentation into the specific
sector of energy regulation. Starting from the assumption about the centrality of the
consumer for the achievement of energy efficiency and environmental protection goals,
the present study analyzes new possible regulatory instruments designed according to
the evidence of behavioural sciences. In particular, the issue proposes an investigation
of these techniques, distinguishing them in two main categories. On the one hand,
the analysis will focus on default rules and social norms, which are the most classic
examples of “pure nudging”. At the other side, other instruments belonging to the
information-based regulation paradigm will be discussed and they will therefore be
considered as “cognitive empowerment instruments".