Showing papers in "Journal of Consumer Policy in 1992"
TL;DR: In this article, the authors argue that each of the three types of third sector alternatives discussed herein makes a direct contribution to one or more of these objectives, while it also contributes indirectly to the other two.
Abstract: There is a growing political and fiscal urgency in Sweden for renewing the public sector and enriching the welfare state. Neither of the protagonists in the current debate about public or private social services takes third sector alternatives nor the potential contribution they could make into account. Three such contributions are empowerment of consumers, renewal and enrichment of working life, and enhancement of goal fulfillment in the public sector through third sector cooperative alternatives. All three of these contributions are also objectives for renewing the public sector and enriching the welfare state. Reasons for failing to consider the contribution of third sector alternatives to these objectives may be partly ideological and partly due to ignorance. But whatever the reason, there are numerous theoretical and practical implications for promoting third sector alternatives for achieving both public and private goals. This article argues that each of the three types of third sector alternatives discussed herein makes a direct contribution to one or more of these objectives, while it also contributes indirectly to the other two. There are also certain disadvantages or trade-offs associated with each alternative and objective, which are discussed herein.
145 citations
TL;DR: In this article, the authors distinguish different approaches to consumer protection theory, namely pre-interventionist, interventionist, and post interventionist consumer protection, and discuss the consequences of an emerging body of autonomous consumer law.
Abstract: The paper distinguishes different approaches to consumer protection theory, namely pre-interventionist, interventionist, and post-interventionist. Developed market economies are undergoing a mixed rationality of consumer protection based upon a certain level of “acquis consummateur,” especially with respect to information type remedies in consumer transactions. On the other hand, self-regulation as well as regulations based on a need concept have failed to be successful alternatives. Finally, the author discusses the consequences of an emerging body of autonomous consumer law for commercial transactions, representation of collective consumer interests, and environmental protection.
37 citations
TL;DR: In this article, the authors discuss the domestic and international interactions between marketing and economic, sociopolitical, and cultural factors using Turkish examples and suggest a number of actions, to be taken by business and non-business organizations, that could increase the need satisfaction of each of the parties.
Abstract: Some observations and thoughts about domestic and international interactions between marketing and economic, sociopolitical, and cultural factors are presented using Turkish examples. These interactions are discussed in terms of satisfaction of the needs (having, actualization, and social) of the three parties that seem to be differentially influenced by marketing: over- and underprivileged individuals, the society, and the businesses. In particular, the attention is drown to the fact that whereas marketing has had mainly positive effects on the country's privileged consumers, the poor consumers have seldom benefitted. The author suggests a number of actions, to be taken by business and non-business organizations, that could increase the need satisfaction of each of the parties.
34 citations
TL;DR: In this article, alternative explanations are presented to the effect that one cannot conclude from a poor price-quality relation that the market is inefficient, and some of the estimates presented by Ratchford and Gupta are questioned.
Abstract: In a previous paper by Ratchford and Gupta price-quality relations are related to a measure of market efficiency. In this paper, alternative explanations are presented to the effect that one cannot conclude from a poor price-quality relation that the market is inefficient. Further, some of the estimates presented by Ratchford and Gupta are questioned.
19 citations
TL;DR: In this article, the authors present a theory of consumer law, which while derived from several different initiatives, remains an autonomous legal discipline and focuses directly on the consumer and his role in the production - distribution - trade - consumption cycle.
Abstract: This paper analyzes elements included in the formulation of a theory of consumer law, which while derived from several different initiatives, remains an autonomous legal discipline. In constructing the model the author establishes an alternative way of viewing the consumer. This subjective approach focuses directly on the consumer and his role in the production - distribution - trade - consumption cycle. The individual consumer must be viewed as a member of a larger group. Consumers have collective interests, distinct from general public interests, which must be recognized. The author uses this model to examine policies aimed at promoting consumer interests on the Belgian economic scene and at the European Community level. The author places increased emphasis on the social aspects of consumer law and supports combining an adaptive approach with a more participative legal strategy.
17 citations
TL;DR: In this paper, the authors discuss some aspects of the problems and possibilities concerning the introduction in Europe of elements of the Fresh Start doctrine for consumers as embedded in the US Bankruptcy Code.
Abstract: In this paper the author discusses some aspects of the problems and possibilities concerning the introduction in Europe of elements of the Fresh Start doctrine for consumers as embedded in the US Bankruptcy Code. He describes the USA as a society with a restricted social security system and a rather radical Fresh Start policy (discharge of debts, exemptions, etc.). By contrast the West European countries have a well developed system of social security and a lifelong liability for debts. Because many people in Europe are facing debt problems, several governments have been looking for American-like solutions to overindebtedness. After describing the political underpinning of this project, the author discusses some recent developments and perspectives.
14 citations
TL;DR: In this article, the authors analyze the advertising as power vs. advertising as information controversy as well as its recent empirical testing and stress that this distinction focuses too much on the interaction between consumer and manufacturer while ignoring the retailer as an important stakeholder.
Abstract: The paper analyses the “advertising as power” vs. “advertising as information” controversy as well as its recent empirical testing. It is stressed that this distinction focuses too much on the interaction between consumer and manufacturer while ignoring the retailer as an important stake-holder. To compensate for this lack, a complex marketing system perspective is introduced in which consumer, retailer, and manufacturer interact. However, these complex marketing systems might drift towards market equilibria which are against the consumer interests: that is, firmsmight lock out brands from the market by means of trade and sales promotions and then use advertising to protect their position. Consequently brands of better quality and/or innovative brands are barred from trade shelves.
14 citations
TL;DR: In this paper, the authors discuss commentaries by Maynes and Hjorth-Andersen on their earlier paper (1990), and then go on to discuss the merits of various measures of market efficiency which have appeared in the literature.
Abstract: In this paper, we discuss commentaries by Maynes and Hjorth-Andersen on our earlier paper (1990), and then go on to discuss the merits of various measures of market efficiency which have appeared in the literature. While Maynes criticized the model in our 1990 paper for a lack of realism, we argue that our limited objective of demonstrating that price-quality correlations are not necessarily related to market efficiency did not require a model which was realistic in all details. We also demonstrate that our basic conclusion that the price-quality correlation need not measure market efficiency does not depend on our theoretical model. Hjorth-Andersen advanced a number of alternative reasons why price-quality correlations may not measure efficiency, and we view his arguments largely as complementary to ours. The basic conclusion is that there are severe problems with interpreting measured price-quality correlations as measures of efficiency. We go on to discuss alternative measures. While no alternatives are completely satisfactory, we argue that measures based on deviations from an efficient frontier have some attractive properties, and are currently the most desirable alternative.
12 citations
TL;DR: In this article, the authors argue that the assumptions contained in the model constructed by Ratchford and Gupta in an earlier issue of this journal are highly unrealistic and that the typical near-zero correlation between price and quality would probably have been a very important determinant of losses.
Abstract: The author argues that the assumptions contained in the model constructed by Ratchford and Gupta in an earlier issue of this journal are highly unrealistic. These assumptions concern the nature, extent, and outcome of consumer search. In the opinion of the author, Ratchford and Gupta's conclusion that the lack of a price-quality correlation is most likely not the most important determinant of consumer losses, is a child of the assumptions of the model. Had Ratchford and Gupta made the more realistic assumption that consumers search little, the typical near-zero correlation between price and quality would probably have been a very important determinant of losses.
10 citations
TL;DR: After close to a decade of the rapid deregulation of Australian banking, for the first time, the policy debate centres on deregulation's effects on the consumer as discussed by the authors, and it is worth noting that the authors of this paper are the same authors of the report of the Parliamentary Inquiry into the Australian Banking Industry, which agreed with consumer groups that deregulation has not delivered all the envisaged benefits to ordinary Australians.
Abstract: After close to a decade of the rapid deregulation of Australian banking, for the first time, the policy debate centres on deregulation's effects on the consumer. The Parliamentary Inquiry into the Australian Banking Industry chaired by Stephen Martin, which reported in November 1991, agreed with consumer groups that deregulation has not delivered all the envisaged benefits to ordinary Australians. It recognised that market forces alone were not sufficient to ensure that bank services were delivered equitably. However, it rejected consumer recommendations for a statutory banking code and regulatory controls to ensure banks met their social obligations.
9 citations
TL;DR: In many cases, consumers do not institute judicial proceedings in order to assert their rights, particularly for small injuries as discussed by the authors, but they do seek legal advice from a trusted third party.
Abstract: Consumer protection legislation recognizes consumer rights, but in many cases consumers do not institute judicial proceedings in order to assert their rights, particularly for small injuries.
TL;DR: In this article, the authors investigated the impact of household characteristics and preferences for Japanese cars on the demand for small cars in the United States and provided support for freer trade in automobiles and higher gasoline taxes as energy conservation strategies.
Abstract: The purpose of this paper was to investigate the impact of household characteristics and preferences for Japanese cars on the demand for small cars in the United States. Two stage probit analysis was used to examine the impact of various explanatory variables on the purchase decision. The results indicated that preferences for Japanese cars, income, price and several household characteristics had a significant impact on the probability of purchasing a small car. The results of this study provide support for freer trade in automobiles and higher gasoline taxes as energy conservation strategies.
TL;DR: The Single Market formula which equates the consumer interest with wider choice and lower costs ignores the potency of other competing factors which influence consumer behaviour as discussed by the authors, and access to information and advice and to redress mechanisms, and adequate levels of compensation, will increasingly inform the purchasing decisions of consumers.
Abstract: The Single Market formula which equates the consumer interest with wider choice and lower costs ignores the potency of other competing factors which influence consumer behaviour. Access to information and advice and to redress mechanisms, and adequate levels of compensation, will increasingly inform the purchasing decisions of consumers.
TL;DR: The most promising project of economic integration has been initiated by the 1991 Asuncion Treaty in which Argentina, Brazil, Paraguay, and Uruguay participate and which has the aim of creating a Southern Common Market (MERCOSUR) as discussed by the authors.
Abstract: The author analyses Latin American attempts at creating a Common Market in which the free circulation of goods and services is guaranteed. He is concerned with the impact upon the emerging issues of consumer protection. The most promising project of economic integration has been initiated by the 1991 Asuncion Treaty in which Argentina, Brazil, Paraguay, and Uruguay participate and which has the aim of creating a Southern Common Market (MERCOSUR). The author describes the institutional mechanisms set up in order to establish MERCOSUR by the end of 1994.
Journal Article•
TL;DR: In this article, international consumer protection is a relatively new topic in the theory and practice of private international law, and it is discussed in detail in the context of consumer protection law.
Abstract: International consumer protection is a relatively new topic in the theory and practice of private international law.
TL;DR: In this article, the authors focus on the situation of the Malaysian consumer, but raise a number of issues likely to be of significance in many other developing countries, highlighting the absence of appropriate protection laws, the lack of enforcement of existing laws, and the failure to provide suitable redress mechanisms for the resolution of consumer grievances.
Abstract: This paper focuses on the situation of the Malaysian consumer, but raises a number of issues likely to be of significance in many other developing countries. The paper highlights the absence of appropriate protection laws, the lack of enforcement of existing laws, and the failure to provide suitable redress mechanisms for the resolution of consumer grievances. In each case, examples are given of objectionable practices and inadequacies of present laws and institutional arrangements. In the final part of the paper, the author suggests some reasons why the consumer movements in the developing countries have failed to achieve a greater degree of success.
TL;DR: In this article, the authors analyze some features of administrative control of marketing practices with the help of concepts drawn from modern legal-theoretical debate and present a general overview of the traditional justifications for the creation of an administrative control system.
Abstract: The paper purports to analyze some features of administrative control of marketing practices with the help of concepts drawn from modern legal-theoretical debate. As a background a general overview of the traditional justifications for the creation of an administrative control system is presented. These justifications underline the insufficiency of other agencies of control, such as individual consumers, competitors, consumer organizations, public prosecutors, and self-regulatory bodies. The development of administrative control measures has obvious connections with modern legal-theoretical concepts like “reflexive law” and “proceduralization.” The theory of reflexive law highlights the fact that effective control presupposes a sufficient consideration of the autonomy of social systems. This leads to emphasizing a flexible negotiation approach of control authorities in order to increase efficiency by creating some degree of internal acceptance of the measures. “Legal pluralism” again sees the State disintegrating in a constellation of more or less autonomous “governments” with their own goals and interests. In such a disintegrated State an active consumer authority can, under certain preconditions, create new legal institutions in the consumer law field and thereby contribute to the development not only of consumer law but of general private law as well.
TL;DR: In China, consumer protection in mainland China exists on the city, province, and national levels, backed by a variety of administrative efforts and hundreds of consumer associations as discussed by the authors, and consumer protection is seen as furthering both individual interests and governmental concern for greater efficiency of its enterprises and better products for consumption at home and abroad.
Abstract: Consumer protection in mainland China exists on the city, province, and national levels, backed by a variety of administrative efforts and hundreds of consumer associations. Interestingly, this works within a primarily socialist economy where most enterprise is government owned, and consumer protection is seen as furthering both individual interests and governmental concern for greater efficiency of its enterprises and better products for consumption at home and abroad. Thus, a “consumer rights” philosophy may exist in both the socialist Chinese and Western market oriented societies.
TL;DR: In this paper, a survey gives an overall view of how private international law deals with cross-border consumer complaints, and the authors present a set of case studies to evaluate their approach.
Abstract: This survey gives an overall view of how private international law deals with cross-border consumer complaints.
TL;DR: In this paper, the development of the free insurance market will have an impact also on the insurance of consumer risks, and the insurer may remain passive in the hope that the prospective policy-holder will take the initiative to cross the border, or he may actively involve himself by advertising his services in the foreign country.
Abstract: Although until recently foreign markets were profitable only for insurers dealing with commercial risks, it may be assumed that the development of the free insurance market will have an impact also on the insurance of consumer risks. The insurer may remain passive in the hope that the prospective policy-holder will take the initiative to cross the border, or he may actively involve himself by advertising his services in the foreign country.
TL;DR: In this paper, the author argues that theory has no place in consumer law, but that consumer law itself takes the place of theory, arguing that the truest explanation of consumer laws is found by examining the motivation and not the content of laws.
Abstract: The author argues that theory has no place in consumer law, but that consumer law itself takes the place of theory. Theories attempt to explain what something is and how and why it works while laws are themselves a set of created rules which act to regulate behavior. The truest explanation of consumer laws is found by examining the motivation and not the content of laws. Rather than a theoretical approach, the author advocates consumer law on a practical level, as a tool to be used to protect consumers from overreaching behavior and provide a means for them to protect themselves. After defining consumer law, the author goes on to examine those statutory attributes which would best achieve this goal, as well as illustrating current inadequacies in consumer law. Additionally he focuses on the importance of fairness and mercy as two of the foundations of consumer law.
TL;DR: In this article, the authors present a survey of the situation of the consumer when it comes to the practice of conflict of laws in the Netherlands, and the number of international consumer conflict of law cases that are met in Dutch legal practice is quite low.
Abstract: Kaffeefahrt is the keyword for a survey of the situation of the consumer when it comes to the practice of conflict of laws in the Netherlands. The number of international consumer conflict of law cases that are met in Dutch legal practice seems to be quite low. However, the factual circumstances ofKaffeefahrten are similar to the sale of time-sharing developments in Southern Europe. This seems to be the most common example of internationalKaffeefahrt cases.
TL;DR: In contrast to the field of contracts, in the domain of torts no special protection is given to the consumer as such as discussed by the authors, and therefore, the solutions provided by the conventions are not inappropriate.
Abstract: In Europe, uniform rules concerning international tort litigations are to be found, as to jurisdiction, in the general provisions of the Brussels Convention 1968 and, as to the designation of the national applicable law, in the Hague Convention of 1973 (for the area of product liability). In contrast to the field of contracts, in the field of torts no special protection is given to the consumer as such. Still, the solutions provided by the conventions are not inappropriate. For product liability claims, the Hague Convention tends to designate the law of the State with which the case is most closely connected. For ascertaining international jurisdiction in general, the Brussels Convention provides for three alternative fora, namely the place of the domicile of the defendant, the place of the tort, and the place of the damage. Due to important differences between the rules on jurisdiction and conflicts of laws in contracts and in torts, respectively, the crucial issues concern the qualification of the nature of the claim before the court.
TL;DR: The Australian Product Liability Act as mentioned in this paper is based on the EC Directive on product liability, but there are some substantive differences between the Australian Act and the Directive, such as the burden of proof, period of extinguishment of liability, and extra-territorial operation of the legislation.
Abstract: The paper discusses the Australian debate in recent years about reform of the law of product liability. A recommendation of the Australian Law Reform Commission to establish a regime based on causation without the need to establish that a product was “defective” has been rejected and an Act recently enacted in the federal parliament is based on the EC Directive on product liability. The development risk defence is available but there is no ceiling upon total liability. There are some substantive differences between the Australian Act and the Directive. For example, where a manufacturer establishes a defence of reliance on a federal mandatory standard, the federal government will be liable to the injured plaintiff. It was originally proposed to include a number of more radical departures from the approach of the Directive. These related to the burden of proof, the period of extinguishment of liability, and extra-territorial operation of the legislation. Following strong opposition, the government decided to proceed with the legislation without these proposals, which are to be the subject of further inquiry by a parliamentary committee.