Kelvin Kwok
Antitrust Law Journal, Volume 86, Issue 2 (2024) pp. 411-472
Published online: December 2024
Abstract: This article sets forth a new autonomy theory of consumer protection law (CPL), drawing on Joseph Raz’s framework on personal autonomy and explicating the relationship between CPL interventions and the independence, rationality, and opportunity dimensions of autonomy. It seeks to contrast the autonomy perspective on freedom of choice and the corresponding role of CPL with the prevailing welfarist perspective, arguing that the autonomy perspective should be preferred because it better fits the function of CPL than the welfarist perspective, apart from resting firmly on the value of personal autonomy. It proceeds to explore the autonomy-based functions of CPL with regard to choice facilitation, choice enhancement, and choice limitation. The article argues that, as compared to the welfarist perspective, the autonomy perspective can more persuasively explain the need for a holistic approach to choice enhancement and the value of eco-friendly options, as well as the regulatory preference for choice facilitation over choice limitation in choice overload and complexity situations.
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